Charles Todd Lee, a 67-year-old photographer has been confined to a nursing home for five years, the victim of a stroke that paralyzed his left side. And he's angry.
Lee said: "Most of the people come here to die, so you want to die, It is a prison. I can't escape it."
Lee is among the Medicaid recipients across Florida challenging the nightmare of the old and disabled: to be forced from comfort and familiarity into a nursing home.
They say the state is illegally forcing them to live in nursing homes when they should be able to live where they choose. Advocates charge that nursing homes, afraid of losing money, have successfully pressured politicians to make qualifying for community care more difficult. They have filed a federal lawsuit seeking class-action status on behalf of nearly 8,500 institutionalized Floridians.
The Olmstead decision, as it is known, involved two Georgia women, both Medicaid beneficiaries with mental retardation who wanted community-based services, but were refused and were treated in institutions. The high court ruled unjustified isolation of the disabled in institutions amounted to discrimination under the Americans with Disabilities Act. It said states must provide community services if patients want them, if they can be accommodated and if it's appropriate.
The three defendants, the Florida Agency for Health Care Administration, the Florida Department of Elder Affairs and Gov. Charlie Crist's office all declined to comment on the litigation. The attorney general's office also declined to comment, which is representing the defendants.
Source:
Fla. Medicaid recipients want out of nursing homes
Lee said: "Most of the people come here to die, so you want to die, It is a prison. I can't escape it."
Lee is among the Medicaid recipients across Florida challenging the nightmare of the old and disabled: to be forced from comfort and familiarity into a nursing home.
They say the state is illegally forcing them to live in nursing homes when they should be able to live where they choose. Advocates charge that nursing homes, afraid of losing money, have successfully pressured politicians to make qualifying for community care more difficult. They have filed a federal lawsuit seeking class-action status on behalf of nearly 8,500 institutionalized Floridians.
The Olmstead decision, as it is known, involved two Georgia women, both Medicaid beneficiaries with mental retardation who wanted community-based services, but were refused and were treated in institutions. The high court ruled unjustified isolation of the disabled in institutions amounted to discrimination under the Americans with Disabilities Act. It said states must provide community services if patients want them, if they can be accommodated and if it's appropriate.
The three defendants, the Florida Agency for Health Care Administration, the Florida Department of Elder Affairs and Gov. Charlie Crist's office all declined to comment on the litigation. The attorney general's office also declined to comment, which is representing the defendants.
Source:
Fla. Medicaid recipients want out of nursing homes
6 comments:
I hope these individuals stay the course and prevail to be released from wrongful incarceration in prison winning their right to be free to go home, before it is too late.
There is no place like...home!
Charles Todd Lee is indeed a brave man, leading an important charge to benefit many like him who find themselves imprisoned in their old age instead of enjoying their final years in the comfort and security of their homes.
Hooray for him and his effort to help others.
Thank you for the good news.
I am so pleased to see this because many times lawsuits are the only way to have a voice. Many people believe that until a complaint is filed in court, the event(s) did not happen.
Please keep us updated.
I want to see the release of these innocent prisoners on the news. We need to retain some dignity in our society. This would be the perfect event to cheer about and what else can be a better way to celebrate people first and their freedom!
I agree, Sylvia, that many times lawsuits are the only way to have a voice. I'd never thought of that before. Thank you for the thought.
Allowing people to remain at home under care is far better than imprisoning them in nursing homes, neglected and abused, and too frequently chemically restrained.
I can't imagine how much money this will save.
Now we know that the nursing homes have been getting moneys to the politicians, and that practice must stop!
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