Accessibility Project Update: Rights of Disabled Inmates

CREEC is pleased to announce a new resource called Inmates with Disabilities: Know Your Rights.  This resource provides an overview of the rights of disabled inmates and gives examples of potential violations. Please share it with anyone who may benefit from it. We greatly appreciate the work of our summer intern, Jordan Staley, on this project and wish him all the best as he begins his third year at Denver Law. A more detailed discussion of the rights of disabled inmates follows below. Applicable Laws Title II of the Americans with Disabilities Act (ADA)[1] and Section 504 of the Rehabilitation Act (Section 504)[2] protect people, including inmates of jails and prisons, from disability discrimination. This means jails and prisons[3] must not discriminate against inmates because of their disability and must give disabled inmates equal access to the programs, services, and benefits of the facility. So, for example, a jail cannot provide classes only in a building that is physically inaccessible to wheelchair users. Similarly, prisons cannot segregate blind inmates by automatically housing all of them in the medical unit.  Individuals with a relationship or association with a disabled person are also protected by these federal laws. So, jails and prisons also cannot discriminate against family members and friends of disabled inmates or disabled family members and friends of nondisabled inmates. Changes Needed Due to Disability Sometimes disabled inmates need the facility to make a change to allow them to fully participate in its programs, services, or benefits. The ADA and Section 504 require prisons and jails to make such changes (referred to as accommodations or modifications) as long as...

CREEC joins advocates in challenging discrimination in California’s Medi-Cal system

The official press release for the Medi-Cal case filing is below: For Immediate Release   LOS ANGELES, CA, July 12, 2017 – State officials are violating the civil rights of 13.5 million individuals enrolled in Medi-Cal, the health insurance program for low-income Californians, a majority of whom are Latino, according to a lawsuit filed Wednesday.   The suit, filed in Alameda County Superior Court, alleges that Medi-Cal patients face huge obstacles in obtaining timely access to care because the state pays providers so little for their services that many doctors decline to accept Medi-Cal patients. Those problems are further compounded by the state’s failure to adequately monitor and oversee the program, according to the lawsuit.   MALDEF (Mexican American Legal Defense and Educational Fund), CREEC and the law firm of Feinberg, Jackson, Worthman & Wasow LLP filed the suit on behalf of individuals, including a man who has cerebral palsy and is semi-paraplegic, as well as St. John’s Well Child & Family Center, SEIU-United Healthcare Workers West (SEIU-UHW), and National Day Laborer Organizing Network (NDLON).   “Medi-Cal is a critical program to so many of California’s children and adults; it is no exaggeration to say that our current and future workforce – our very prosperity as a state – depends on Medi-Cal providing access to vital physician care,” said Thomas A. Saenz, MALDEF president and general counsel. “We must ensure that Medi-Cal is administered in a fair and non-discriminatory manner that serves the healthcare needs of Latinos and all others enrolled in the program.”   At issue is Medi-Cal patients’ inability to access the care they need because of low reimbursement rates and unnecessary red tape.   Currently, California’s rates are so much...