[nfbmi-talk] Fw: no mention of ada here

[joe harcz Comcast]

While pemble was head of the Bureau. Now I suppose that a nursing home would also take away a blind persons white cane, slate and stylus, etc. because don't you know that would be dangerous?
----- Original Message ----- 
From: joe harcz Comcast 
To: rhon koch 
Cc: Scott Heinzman ADAPT ; Laura Hall ; Leigh Campbell-Earl ; Clark Goodrich ; Elmer Cerano MPAS 
Sent: Wednesday, November 20, 2013 8:15 AM
Subject: no mention of ada here


From: LARA Bureau of Helth Services. Check out the date. Also no mention on that web site for community placement.

Regardless it is insane for a nursing home to prohibit the use of a motorized wheelchair and it is in and of itself a violation of the ADA and Section 504.

Of course, we all know how "dangerous" persons with disabilities are don't we?

This stuff makes me sick!

Joe

Motorized Wheelchairs 
(e-mailed to Long Term Care Facilities on 01/08/2009) 
The Bureau has become aware of facilities prohibiting the use of motorized wheelchairs 
in long term care facilities. Please be advised that the refusal to allow residents to use 
motorized chairs may violate the resident rights provisions of 42 CFR 483.10(l), to retain 
and use personal possessions to the maximum extent that space and safety permit and 
42 CFR 483.25(a) (l) (ii) regarding ambulation and self-sufficiency once in a wheelchair. 
Motorized wheelchairs are predominately used by residents with limited use of their 
arms and /or legs. A motorized wheelchair enhances aging residents’, or those with 
medical conditions that deteriorate over time, opportunities for independent mobility and 
assistance to achieve their highest practicable physical, mental, and psychosocial wellbeing. The refusal to admit a resident with a motorized wheelchair or to permit the 
continued use of a motorized wheelchair needs to include an evaluation of the resident 
and the use of the chair by professionals. The professionals may include a physician 
specializing in rehabilitative or orthopedic medicine, and/or physical /occupational 
therapists that are aware of the resident’s needs and capabilities. 
The right to retain and use personal possessions assures that the residents’ 
environment is as homelike as possible and that residents retain as much control over 
their lives as possible. The facility has the right to limit the resident’s exercise of this 
right on grounds of space and health or safety. Space or safety considerations limiting 
a resident’s use of a motorized wheelchair should be clearly documented following a 
professional evaluation as well as the facility’s plan to provide necessary care and 
services to the resident when a limitation is deemed unavoidable. The resident’s 
condition should continue to be assessed and documented to determine improvement, 
or that it does not deteriorate within the limits of recognized pathology or the normal 
aging process. 
Any resident denied use of a motorized wheelchair because of a general policy 
prohibiting their use should be immediately assessed and accommodated in 
accordance with 42 CFR 483.10(l) and 42 CFR 483.25(a) (l)(ii). 
If you have any question regarding this issue, you will need to contact your 
Survey Monitor.