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What if I told you there was a time when people with disabilities were routinely hidden away in institutions, segregated from society with no meaningful options for living independently? In this eye-opening episode, DRA staff attorney Derek Henderson takes us on a journey through the evolution of disability rights and services, focusing on the game-changing system known as Home and Community-Based Services (HCBS).

Derek explains how shocking exposés of institutional abuse in the 1970s catalyzed a movement that led to landmark legislation protecting disability rights. Most crucially, he breaks down a Supreme Court decision that established a legal mandate: states must provide services allowing people with disabilities to live in their communities rather than institutions, or risk committing illegal discrimination. As Derek puts it, "It's not just some nice aspiration or goal, it's what is required."

But what do these services actually look like in practice? We explore the various supports available through HCBS, from direct care assistance with daily activities to access to medical care and cutting-edge assistive technologies. Derek walks through the differences between services for people with intellectual/developmental disabilities versus those with behavioral health needs, giving listeners a concrete understanding of what support is potentially available.

For anyone who's ever felt overwhelmed navigating the labyrinth of Medicaid services and appeals processes, this episode offers practical guidance. Derek shares self-advocacy strategies, explains how to appeal service denials, and emphasizes the critical importance of meeting appeal deadlines. As he compassionately reminds listeners who may feel lost in the complexity: "You are not alone. We are here to help."

Whether you're a person with a disability, a family member, an advocate, or simply someone interested in understanding disability rights better, this conversation provides crucial knowledge about a system designed to support community living and independence.

Resources: https://disabilityrightsar.org/home-and-community-based-settings-hcbs-rule/

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