| MCIL Journal | FreeOurPeople.org | ADAPT Action Report | Home |
|
|
| MCIL News Release Archive |
| National ADAPT |
| M C I L |
| Tennessee ADAPT |
| Not Dead Yet! |
| B F M S |
Idell S., a 43 year old mother of two children, the plaintiff, is paralyzed from the waist down as a result of meningitis. Due to her physical disability, Idell S. must use a wheelchair and requires "attendant care services" to assist her in transferring to and rom her bed, bathing, dressing and toiletting.
The defendant, Pennsylvania Department of Public Welfare, provided her with attendant care services only in a nursing home, even though it agreed that, with attendant care services in the community, nursing home care would not be necessary or appropriate. Nevertheless, DPW refused to fund her attendant care services in the community.
The U.S. Supreme Court's ruling now requires that state agencies throughout the country provide services to people with disabilities "in the most integrated setting appropriate to their needs."
"For Idell S. and for hundreds of thousands of other people living unnecessarily in segregated settings, states will now have to provide attendant care services in the community and stop segregating people with disabilities in institutions, like nursing homes," said Stephen F. Gold, the attorney for Idell S.
Mike Auberger, the Executive Director of the Americans Disabled for Attendant Programs Today (ADAPT), another plaintiff in the lawsuit, stated that this Court decision will "free our people" who live unnecessarily in a nursing home. Now every state will have to transfer funds from the institution to the community. "This victory shows that disability is not a death sentence. People will not be thrown away in nursing homes to die. Now they can live with attendant care in their communities with their families," said Auberger.
Throughout the country there are hundreds of thousands of people with disabilities who are in nursing homes only because services are not available in the community. "This decision is an important step in integrating people with disabilities," said Gold.
"I expect that states thought the country will have to reassess their expenditures to make sure people live integrated with their neighbors, families and friends and not shut away in an institutional nursing home."
"I am delighted to know that the Supreme Court agrees that I can live with my children in our own home. I have wanted this for years," said Idell S.
Also contact:
Michael Auberger (Denver)
(303) 733-9324
(303) 744-0717
54 million Americans have some level of disability, 26 million people have a severe disability. [Current Population Reports. U.S. Department of Commerce - Census Bureau. Aug. 1997 p. 70-61]
ADAPT of Texas: (512) 442-0252
adapt@adapt.org
The Memphis Center for Independent Living
1633 Madison Avenue,
Memphis, TN 38104
(901) 726-6404 v/tty (901) 726-6521 fax
mcil@mcil.org
MCIL is a United Way of the Mid-South member Agency
Return to the top of this page
MCIL would like feedback on the accessibility of this website. Please send your comments and concerns to webmaster@mcil.org