[4alabama] Nursing Home Residents Sue for At-Home Care

[Judy R. Roy]

Since a stroke four years ago, 66-year-old Bud Lee can't lift himself out of
bed, or take himself to the bathroom. He'd like to regain a bit of his old
independence.

John Boyd, 50, has been paralyzed since 14. He would like an apartment of
his own and a job, like when he answered customer service phones for Red
Lobster a few years back.  Instead, both men live in nursing homes, a
frequent venue when Florida Medicaid pays the bills.



That may change.  Lee, Boyd and five other nursing home residents backed by
the AARP Foundation have filed a class-action lawsuit against Florida under
the Americans with Disabilities Act, citing a 1999 court ruling that helped
spring mentally ill people from big, impersonal hospitals.



Plaintiffs in the nursing home case say they are in the same boat. They
could live more cheaply in home-like settings, they say, if only the state
would shed its bias toward institutions.



What's next?



The U.S. District Court in Tallahassee must decide whether a class-action
suit is proper and whether these seven named plaintiffs have standing to sue
and can represent all Medicaid recipients with disabilities who might be
inappropriately living in nursing homes. A full trial may take 18 months to
two years.  Read Article in full.

Judy R. Roy
Independent Living Resources of Greater Birmingham
206  13th Street S.
Birmingham, AL  35233-1317
Phone  205.251.2223  ext 102
Email  bhamilc1 at bellsouth.net
There are only four kinds of people in the world: those who have been
caregivers; those who are currently caregivers; those who will be
caregivers; those who will need caregivers. - Rosalynn Carter

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Since a stroke four years ago, 66-year-old Bud Lee can't lift himself out of bed, or take himself to the bathroom. He'd like to regain a bit of his old independence.
John Boyd, 50, has been paralyzed since 14. He would like an apartment of his own and a job, like when he answered customer service phones for Red Lobster a few years back.
 
Instead, both men live in nursing homes, a frequent venue when Florida Medicaid pays the bills.
 
That may change.
 
Lee, Boyd and five other nursing home residents backed by the AARP Foundation have filed a class-action lawsuit against
Florida
under the Americans with Disabilities Act, citing a 1999 court ruling that helped spring mentally ill people from big, impersonal hospitals.
 
Plaintiffs in the nursing home case say they are in the same boat. They could live more cheaply in home-like settings, they say, if only the state would shed its bias toward institutions.
 
What's next?
 
The U.S. District Court in Tallahassee must decide whether a class-action suit is proper and whether these seven named plaintiffs have standing to sue and can represent all Medicaid recipients with disabilities who might be inappropriately living in nursing homes. A full trial may take 18 months to two years.
 
http://www.tampabay.com/news/aging/nursinghomes/article437580.ece Read Article in full
.
Judy R. Roy
Independent Living Resources of Greater Birmingham
206  13th Street S.
Birmingham, AL  35233-1317
Phone  205.251.2223  ext 102
Email  bhamilc1 at bellsouth.net
There are only four kinds of people in the world: those who have been caregivers; those who are currently caregivers; those who will be caregivers; those who will need caregivers. - Rosalynn Carter