In a big win for community-based services, the U.S. District Court in Jacksonville, Florida recently ruled that the state of Florida must provide home- and community-based services for a woman who has been on the Medicaid waiting list for over two years.
- Court rules in favor of community living!
- States cannot lock you up in nursing homes!
In the case that was brought before the district court, the state of Florida had told the plaintiff that she must move into a nursing home for 60 days before she could be eligible for home- and community-based services under Medicaid. In the complaint filed, the plaintiff explained that the nursing home requirement would create undue hardship and take her out of her home and community. The court agreed and said that the state would be violating the 1999 U.S. Supreme Court Olmstead decision by forcing the plaintiff into a nursing home.
The Olmstead decision ruled that people with disabilities must be allowed to live in the community of their choice as part of the Americans with Disabilities Act.
We are very happy with this decision and pleased that the Department of Justice took a position with the case that supports home- and community-based services.
More information can be found on the Department of Justice’s website at http://www.justice.gov/opa/pr/2010/June/10-crt-741.html.
i thought this was resolved in 1999. Why on earth would the state of Florida want someone in a nursing home for 60 days? Is someone there under the impression that this woman will like it so much that she won’t want to go home? Has anyone there looked at the numbers and calculated how much money the state is saving with community-based care? Does everyone there work for nursing home lobby?