Decision Could Help Thousands Leave Illinois Nursing Homes
By
Dave Reynolds, Inclusion Daily Express
November 28, 2006
CHICAGO,
ILLINOIS--A federal judge has granted class-action status for a lawsuit that
could help thousands of Illinois residents with mental illness to move out of
large nursing homes and into smaller, community-based settings.
The suit was filed in August 2005 by two people who were forced into
nursing homes known as "institutions for mental diseases" or "IMDs". They claim
that they were "needlessly segregated and inappropriately warehoused" in the
facilities in violation of federal laws, including the Americans with
Disabilities Act.
The decision to grant class-action status could directly affect the
estimated 5,000 people currently housed in the for-profit, state-funded
facilities, according to a press release from Equip for Equality, Access
Living, the Roger Baldwin Foundation of American Civil Liberties Union of
Illinois, and the Bazelon Center for Mental Health Law.
"Illinois' failure to provide sufficient community services to people
with mental illnesses is not only a civil rights violation, it also is bad
fiscal policy," said Barry C. Taylor, Legal Advocacy director for Equip for
Equality, the state's protection and advocacy system.
"The State can access federal Medicaid funds for community services that
are not available for IMDs. In a time of tight budgets, the state should
maximize federal funding for the citizens of Illinois."
Related:
"Press release: Federal Court Advances Challenge to
Illinois Policy Warehousing Residents with Mental Illnesses"
http://releases.usnewswire.com/GetRelease.asp?id=76599
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Reproduced here under special arrangement
with Inclusion Daily Express international disability rights news service.
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