T.H. was a fifty-five year old man who suffers from Asperger’s Syndrome, a developmental disability. T.H. was cared for by his parents his entire lifetime. After T.H.’s parents died, T.H.’s family applied for services on his behalf pursuant to N.J.S.A. 30:4-25.2 from the Division of Developmental Disabilities (“DDD”). DDD staff interviewed T.H. and his family. [...]
Entries Tagged as 'Legal Rights of the Disabled'
T.H. V. DIV. OF DEVELOPMENTAL DISABILITIES, 189 N.J. 478 (2007)
September 20th, 2008 · No Comments
Tags: Governmental or Public Benefit Programs · Legal Rights of the Disabled
According To The Wall Street Journal, Nursing Homes Are Forcing Out Frail And Ill Residents In An Effort To Replace Them With Shorter-Term Residents Likely To Bring More Revenue
August 13th, 2008 · No Comments
Federal law allows nursing homes to evict residents for six reasons: they are healthy enough to return home; they require care not offered at the nursing home; they risk the health of other residents or staff; they endanger the safety of other residents or staff; they do not pay their bills; or the nursing home [...]
Tags: Assisted Living Facilities · Financial Exploitation of the Elderly · Governmental or Public Benefit Programs · Health Issues · Legal Rights of the Disabled · Nursing Homes
Recent article discusses federal and state legal safeguards against involuntary transfers or discharges of nursing home residents who receive or have applied for Medicaid benefits
June 18th, 2008 · No Comments
A recent article in the NJ Lawyer newspaper examined the safeguards in federal and state law designed to protect elderly, infirm and disabled nursing home residents from involuntary transfers or discharges from their care facilities. According to federal law, a nursing home can discharge a resident only for the following reasons:
The resident’s health has improved [...]
Tags: Legal Rights of the Disabled · Nursing Homes
Federal Court Ruled that a Disabled Person May Be Entitled to In-Home Care in Lieu of Institutionalization
June 9th, 2008 · No Comments
A federal district court in Illinois denied the state Medicaid agency’s motion for summary judgment in a case testing whether a man with severe disabilities can receive care at home under the state’s Medicaid waiver program rather than in a nursing home. Grooms v. Marah (N.D.Ill., No 06 C 2211, May [...]