Colorado Medicaid Agency Discriminates on the Basis of Disability: Lawsuit Filed Today in Denver District Court

Carrie Ann Lucas, a woman who has significant disabilities including paralysis, deafness, and significant respiratory impairments, went to Rose Medical Center because she needed surgery to have a tracheotomy to assist with her breathing.  For years, Ms. Lucas has used Medicaid-funded home health care services to assist with her activities of daily living.  Ms. Lucas, who resides in Windsor, Colorado, is also an attorney and the mother of three adopted children and one foster child, all of whom also have disabilities.  In her practice as an attorney with the Colorado Cross-Disability Coalition, Ms. Lucas represents parents with disabilities in family law matters in which the parents need representation to avoid the impacts of disability discrimination. 

At the time of her expected discharge from Rose Medical Center, Ms. Lucas needed additional attendant care services at home in order for her to return to her home and be with her family.  Colorado Department of Health Care Policy Financing Long-term Care Director Barbara Prehmus had informed Ms. Lucas and CCDC advocates working on behalf of Ms. Lucas for her discharge to her home that the Department would authorize payment for services for Ms. Lucas to return to her home.  When it was time for Ms. Lucas’ discharge, it was determined that no home health care agency or private duty nursing service would provide the services needed in order for Ms. Lucas to return to her home.

Suddenly and unexpectedly, hospital discharge planners sent representatives of a long term care facility to Ms. Lucas’ hospital room to take her immediately from the hospital to the long term care facility.  Ms. Lucas refused to go saying “over my dead body” would she go with them to the long term care facility. 

Based on the Department’s promise to pay for services in her home, Ms. Lucas arranged for such services using attendants who already work for her and requesting that they provide the needed overnight attendant care required for Ms. Lucas to be discharged.

Since Ms. Lucas was discharged from RMC on December 11, 2009 the Department has refused to authorize payment for such services.  Ms. Lucas must continue using attendant care services overnight each day she resides in her home.  If the Department does not authorize payment for such services, Ms. Lucas cannot afford such services and will have no choice but to enter into a long term care facility.

The Americans with Disabilities Act prevents government entities like the Department from forcing individuals with disabilities to be institutionalized when there is no reason why attendant care services cannot be provided in the individual’s home.  The landmark U.S. Supreme Court decision of Olmstead v. L.C. ex rel. Zimring, 527 U.S. 581, 583 (1999) made clear that “unjustified segregation of persons with disabilities [is a] form of discrimination” made unlawful by the ADA.  According to the Supreme Court:

Institutional placement of persons who can handle and benefit from community settings perpetuates unwarranted assumptions that persons so isolated are incapable or unworthy of participating in community life and institutional confinement severely diminishes individuals’ everyday life activities

On December 18, 2009 Ms. Lucas and CCDC filed a motion for preliminary injunction in the Denver District Court of Colorado requesting that the Court order the Department immediately to authorize payment for additional needed attendant care services in Ms. Lucas’ home.     

The ADA was enacted specifically to end unnecessary institutionalization of individuals with disabilities.  The actions of the Department are in direct contravention of this mandate of the ADA. 

CCDC is Colorado’s only statewide disability rights advocacy organization.  CCDC’s mission and purpose include preventing discrimination against people with disabilities, including the forced institutionalization of any individual with disabilities anywhere in Colorado.  For more information about CCDC go to www.ccdconline.org. 

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