Johnson backs bill championed by the special needs community
July 6, 2009
Today U.S. Congressman Sam Johnson (3rd Dist.-Texas) announced his co-sponsorship of legislation championed by the special needs community in North Texas. After hearing from Texans eager for Johnson to back the common-sense measure, Johnson recently signed on to H.R. 1255. The Act would protect the interests of residents of Intermediate Care Facilities for people with Mental Retardation (ICFs/MR) in class actions lawsuits filed, purportedly, on behalf of such residents. Reform is desperately needed as 28 federally-funded class action lawsuits have been filed, resulting in the closure of at least 15 facilities in 9 states, impacting thousands of individuals with developmental disabilities.
“This is about family rights and what is in the best interest of all parties involved. This bill supports the common sense principle that residents of ICFs/MR and their legal guardians (usually family members) should be the ones to decide whether a class action lawsuit proceeds on their behalf, not the government,” added Johnson.
Plano resident and father, Stephen Gersuk, stated, “My wife, Ann, and I are the parents and guardians of Stephen Gersuk, a resident of Denton State School (now called Denton State-Supported Living Center) for the past eight years. Each legislative session, we add our voices to those of others to preserve the freedoms and protections that DSS and other state schools afford our challenged family members and loved ones, against (sometimes) well-intentioned efforts to establish community care as the one-size-fits-all solution for these most vulnerable of Texans. We resolutely oppose being an unwilling party to any action that furthers that agenda, strongly support the opt-out provisions of H.R. 1255, and deeply appreciate Representative Johnson’s sponsorship of the bill.” (Media members only: For photos of the younger Stephen Gersuk, who resides at Denton State School, please contact McCall Avery at 202-225-4201.)
Richardson’s Carol Scott echoed that message. “Each individual has unique needs that may, or may not, be met in a variety of settings. As guardians for our family members, who usually cannot speak for themselves, we have been charged with looking out for their best interests. We feel like we know what is best for our family members and where their needs can best be met. Guardians should have the right, on behalf of our family members, to be notified and opt out of class action lawsuits that we do not support,” said Carol Scott. Scott is the guardian for her sister, Nancy Baker, 59, a resident at Denton State-Supported Living Center.
Although legal guardians often object strongly to the lawsuit and its closure objectives because they are pleased with the care their loved ones are receiving, under current law there is no requirement that residents or legal guardians be notified of a lawsuit and they do not have the right to opt out. Consequently, many residents of these facilities are swept into these lawsuits against their or their guardians’ wishes. The legislation, if passed, will require that before federally-financed class action lawsuits against Medicaid-certified and funded facilities can proceed, residents and guardians must receive notice of the lawsuit and be given a time-limited opportunity to opt-out of the proposed lawsuit, or do nothing and join in.
The legislation, introduced by Congressman Barney Frank (D-Mass.) has the backing of VOR. VOR is an organization of families, friends and professionals speaking out for people with mental retardation that supports the right of individuals and families to choose the residential setting most appropriate to the needs of each individual. VOR membership includes several thousand family members, organizations, companies, facilities, professionals and educators from around the country. The year-round focus includes advocacy for all residential choices, family participation in decision making, significant legal cases, special education choices and quality care for all.
Johnson represents portions of Dallas and Collin Counties.
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