Nursing Home Residents Not Entitled to Injunction in Suit for Services to Return to Community

A U.S. district court denies an injunction to a group of Medicaid recipients in nursing homes who asked the court to order the District of Columbia to provide adequate transition services to allow them to move to the community. Brown v. District of Columbia (U.S. Dist. Ct., D.C., No. 10-2250 (ESH), Sept. 13, 2017).

A group of Medicaid recipients with disabilities who live in nursing homes sued the District of Columbia, arguing that they would rather live in the community. According to the recipients, they qualified for home-based benefits, but the District did not provide adequate transition services to allow them to leave their institutions. The recipients argued that this failure to provide services violated the integration mandate in federal disability law.

At trial, the District argued that it provided adequate transition services, but that there weren't enough housing options. The recipients contended that there were plenty of housing options, but that the District failed to provide enough transition services, such as help with housing options and applications. The recipients asked for an injunction.

The U.S. District Court, District of Columbia, does not grant the injunction, ruling that the Medicaid recipients did not prove that there are systemic deficiencies that a single injunction would solve. According to the court, "because of the lack of affordable housing in the District, the court cannot order relief that would facilitate quicker transitions for those who need public or subsidized housing." In addition, the court finds that "each class member, regardless of his or her access to housing, faces a myriad of individualized barriers that must be addressed on a case-by-case basis in order to ensure a responsible transition to community care."

For an article about this case from The Washington Post, click here.

For the full text of this decision, go to: https://ecf.dcd.uscourts.gov/cgi-bin/show_public_doc?2010cv2250-257

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