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NDSC Governmental Affairs Newsline
January 15, 2014

Ethan Saylor Civil Lawsuit

On October 17, 2013, Patti and Ronald Saylor, parents of Ethan Saylor who died at the hands of Frederick County, Maryland police after he refused to leave a movie theatre because he didn't have a ticket to watch the show a second time, filed a lawsuit in federal court in Maryland. The lawsuit named Westview Regal Cinema, the police officers who were acting as security guards, the Frederick County Sheriff's Department and Frederick County, Maryland as defendants for various actions including negligence, wrongful death and violation of the Americans with Disabilities Act.

In the introduction to the complaint, the plaintiffs Patti and Ron Saylor through their attorney stated, "if any of the defendants had heeded Mr. Saylor's aide as to how to deal with Mr. Saylor, his tragic and unnecessary death would have been avoided."

On December 23, 2013 the defendants filed their Motion to Dismiss the Saylor's lawsuit. Among other allegations the defendants stated that Mr. and Mrs. Saylor and Ethan himself were contributorily negligent; Mr. and Mrs. Saylor by allowing Ethan to be out in the community without an aide who could control him, and Ethan for resisting when the officers physically removed him from the theater.

The NDSC strongly disagrees with this assertion. Under this assumption, people with disabilities would need to have constant supervision lest they or their parent/s would be considered negligent in the case of any accident, negligence or misconduct of other individuals.

We will keep you updated on any developments. For an excellent article published on the anniversary of Ethan's death, visit the website of the Denver Post.

Home and Community-Based Services

Last week, the Centers for Medicare and Medicaid Services (CMS) released a final rule streamlining requirements across the 1915(i) State plan, 1915(c) and 1915(k) (Community First Choice) Home and Community-Based Services (HCBS) waivers. The rule greatly strengthens the requirements for personal autonomy, community integration, and increases choice in home and community-based services funded through Medicaid. It sets specific and more stringent rules for provider-owned or controlled residential settings with regard to privacy and individual autonomy, and sets out a specific person-centered process for modifying these requirements if necessary. It also includes a caregiver assessment and references to natural supports, recognizing the increasing role of unpaid (usually family) caregivers. States must work with CMS to create transitional plans to bring current programs into compliance and allow for public input on those transitional plans. For more information, see AUCD's post on the rule. 

The rule will be published in the Federal Register on January 16 but is available in pre-publication form. Read also this blog post by Secretary of Health and Human Services Kathleen Sebelius and press release from the department.
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