Tavros Care believes everyone deserves the opportunity to live their most complete life within their abilities. It’s proven that those with Intellectual and Developmental Disabilities (IDD) who remain active in their communities will live healthier, happier, and longer lives while needing fewer trips to doctors and hospitals.
The good news is that care for those with IDD is starting to reflect that thinking. Much has changed over the past decades, growing from seemingly harsh institutional care to today’s community settings that have improved the quality of life and medical care for adults and children with disabilities.
Protecting the rights of people with disabilities
Federal Laws
Three federal laws have been passed that have helped to usher in improvements to protect the rights of people with disabilities and ensure their inclusion in many aspects of society:
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Benefits and Services
Section 504 of the Rehabilitation Act of 1973-Section 504 forbids organizations and employers from denying individuals with disabilities an equal opportunity to receive program benefits and services.
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Everyday Activities
The Americans with Disabilities Act (ADA) of 1990 guarantees equal opportunity for individuals with disabilities in the areas of employment, transportation, government services, telecommunications, and public accommodations.
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Health Care
The Patient Protection and Affordable Care Act in 2010- Provides greater access to affordable health care with more choices for long-term support; improves Medicaid service options; mandates accessible preventive screening equipment; mandates data collection; and enhanced protection
Advocates
In addition to federal laws, there are organizations and agencies that advocate each day on behalf of those with IDD to ensure their rights are protected.
Tavros Care is a proud member of the following organizations:
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For more than two decades, the ANCOR Foundation has dedicated itself to building and celebrating leaders who devote their careers to inclusive communities.
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Community Providers Association of Oregon (CPAO) Member
Community Provider Association of Oregon (CPAO) represents and assists private residential and vocational providers who serve individuals with intellectual and developmental disabilities.
In addition, the following organizations are advocates as well as sources of information for those with IDD and their families.
Challenges
There are some common barriers to allowing those with IDD to achieve their full potential, which is why there are organizations and agencies, as well as families of and those diagnosed with IDD who advocate tirelessly.
Barriers can be physical or technological, can occur due to negative attitudes towards people with disabilities, or can come from a lack of services, systems, and policies.
Barriers also come from a lack of appropriate education for care providers and, in tandem, a lack of trained personnel to care for and teach those with IDD.
Additional barriers stem from the legal, financial, and insurance worlds. For instance:
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Informed Consent
Informed Consent concerns the idea that the freedom to make decisions is a fundamental right including for those with IDD. However, the decision-making ability for those with disabilities varies and care must be taken to determine if and when a proxy is needed to provide a decision or consent.
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Insurance coverage
Insurance coverage for those with IDD can fall under the federal programs of Medicare or Medicaid, or coverage can come from private insurers. There are challenges for those with IDD from each. For instance, Medicaid covers long-term services and supports (LTSS), but no other insurance does. People with IDD become eligible for Medicare or Medicaid through different channels leaving some to become “dually eligible beneficiaries” which creates complexity as there is a lack of coordination between the programs. Those with private insurance often need out-of-network care from those who are trained to care for those with IDD, which significantly increases costs.
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Negligence liability
Negligence liability is more often thought of from the point of view of the caregiver, but the issue is a challenging one for those with IDD as well. There are many legal cases that hinge on whether or not an injury or harm was sustained by someone with a disability due to the negligence of a caregiver. This issue carries blurred lines for when a lack of care directly causes harm and better definitions and decisions need to be found.
Read More
If you’d like to learn more about care challenges and the hard work being done to overcome the struggle check here:
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