Patricia E. Kefalas Dudek
Advocate for Elders, People
with Disabilities
and Their Families

Disabilities Issues - Legal Issues and Cases

ABLE Act, Community Choice Act, Legal issues

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Achieving a Better Life Experience (ABLE) Act

Patti's letter to Senators in support of ABLE (3/6/09)
..."The ABLE Act will allow individuals with disabilities and their families to save money and supplement, not replace, benefits provided through both public and private sources...ABLE accounts are essentially trusts that are specifically designed ...and are exclusively for the purpose of paying certain expenses for the individual with the disability."

More Info:

The Bill before the Senate

A Tax-Free Savings Plan for Disabilities (R.A.R.E. - 3/11/09)
Recently introduced legislation in Congress proposes to create tax-exempt savings accounts to care for people with disabilities, similar to Individual Retirement Accounts (IRAs) and 529 college savings plans.

Community Choice Act

Patti's letter to Senators in support of the Community Choice Act (3/5/09)
..."The Community Choice Act will give Americans with disabilities additional choices regarding where and how they wish to receive services..."

More Info:

Bipartisan Legislation Provides Relief For One Million Of America’s Most Vulnerable Seniors

Community Choice Act: A Summary

A Community-Based Alternative to Nursing Homes and Institutions for People with Disabilities

Community Choice Act: A Vison for Attendant Services and Supports for the New Millennium

Talking Points on the Community Choice Act

What is Happening With the Community Choice Act? (Disability Policy Collaboration Newsletter - 9/16/09)
The Community Choice Act (CCA) is gaining some real traction in Congress and with the Administration. In the past few weeks, there have been serious discussions about taking important steps to ending Medicaid's institutional bias and including the CCA's key provisions in the health care reform bill. Many of these discussions have focused on creating a new Medicaid state option known as the Community First Choice (CFC) Option that includes the core elements of the CCA.

Legal Issues

AARP Asks Court to Keep the Insurance Playing Field Level (AARP - Dec. 19, 2007)
AARP has filed a “friend of the court” brief in a disability benefits case that threatens to tilt the playing field against disabled claimants once again.

Five Things You Should Know About Judge Sonia Sotomayor and Disability Rights (Bazelon Center for Mental Health Law - 7/7/09)
Judge Sonia Sotomayor, President Obama’s first nominee to the United States Supreme Court, understands that disability rights are civil rights. As a judge on both the district court and circuit court, she has demonstrated that she recognizes the importance of Congress’ role in enacting major disability rights laws, including the Americans with Disabilities Act (ADA), the Rehabilitation Act, and the Individuals with Disabilities Education Act (IDEA). The Bazelon Center and other disability organizations support her nomination and ask you to help ensure her confirmation by the Senate.

Important Case: James Courts v. Agency for Health Care Administration (Florida Court of Appeals - July 2007)
The case of a 59 year old quadriplegic whose plan of care was reduced by the state and his subsequent appeal.

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