Tuesday, December 22, 2009

Disabled men in Maine sue state in effort to get out nursing home to live independently

From the Maine Public Broadcasting Network:

Three young men now confined to Maine nursing homes are going to court in an effort to force the state to provide them with what they say are "needed services." The lawsuit, filed in the U.S. District Court, alleges that Maine's Department of Health and Human Services is violating the rights of the three under the Americans with Disabilities Act and the federal Nursing Home Reform Act.

Jake Van Meter, 26, Adam Fletcher, 28 and Eric Reeves, 33, all have cerebral palsy. The three say despite their "severe" physical disabilities, they are "mentally capable." They're seeking to have the court order Maine's Department of Health and Human Services to move them to a shared setting "where they can interact with their peers and receive all of the services they need to live a fulfilling life," according to advocates.

The lawsuit on behalf of the three was filed by Maine Equal Justice Partners, the Disability Rights Center of Maine, and the National Health Law Program. "All they seek is what the law obligates the DHHS to provide, nothing more and nothing less. For the DHHS to continue to deny these opportunities to these young men and continue to confine them in nursing facilities is a tragic waste of their youth."

Currently, there is only one home in the state -- Creative Work Systems in Scarborough -- that can accommodate mentally capable people with severe physical disabilities.