Birdsong v. Perdue

No. 1:03-CV-0288-JEC (N.D. Ga. filed, Jan. 31, 2003) ; Clearinghouse Number: 55112

Description

Persons with Disabilities Challenge Georgia's Failure to Provide Long-Term Health Care Services in Their Homes and Communities

Abstract

Plaintiffs filed their class action complaint challenging Georgia Department of Human Resources' policies and procedures that cause them to be unnecessarily segregated in nursing homes or at risk of nursing home placement. Plaintiffs, persons who have physical disabilities and receive or are seeking to receive long-term health care services under Medicaid, allege that defendants discriminate against them by violating the integration mandate of the Americans with Disabilities Act (ADA). Plaintiffs assert that (1) the most integrated setting for them in which to receive long-term health care services is in their homes and communities; (2) defendants do not offer appropriate services to plaintiffs in their homes and communities but continue to provide plaintiffs with services only in nursing homes, which are unnecessarily segregated settings; (3) among states with waiver programs, Georgia ranks close to the bottom in the percentage of Medicaid participants being served in community-based programs rather than in institutions; (4), in operating the home and community-based waiver programs, defendants utilize criteria and methods of administration that discriminate against plaintiffs and defeat or substantially impair the objectives of the waiver programs, in violation of the ADA and Section 504 of the Rehabilitation Act; and (5) defendants violate Title XIX by failing to provide benefits to plaintiffs with reasonable promptness, to inform plaintiffs adequately of the waiver alternatives, and to allow plaintiffs a choice of institutional or home and community-based services. Plaintiffs seek costs, attorney fees, and declaratory and injunctive relief requiring defendants to offer their long-term care services immediately to plaintiffs in their homes and communities.

Additional Information

Attorney Information
Plaintiff represented by Charles T. Lester, Jr., Teresa Wynn Roseborough, Judith A. O’Brien, Susan Walker Goico, Joseph A. White, Sutherland Asbill & Brennan LLP, 999 Peachtree Street, NE, Atlanta, GA 30309 (404.853.8000)
Docket Date
2003-01-31 00:00:00+00:00

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