Posted on 12/20/2011 7:51:49 AM PST by SmithL
States can't cut in-home care for elderly and disabled people if there's a serious risk they'll be forced into nursing homes, a federal appeals court has ruled in a decision that could forestall a 20 percent reduction in services to 372,000 Californians.
Friday's ruling by the Ninth U.S. Circuit Court of Appeals in San Francisco did not directly involve California and came instead from Washington state, where officials reduced home-care hours for 45,000 residents by 10 percent in February.
But the issues are similar to those now before a federal judge in Oakland, who has scheduled a Jan. 19 hearing on whether to let California eliminate one-fifth of the care it provides in the in-home supportive services program.
The program serves low-income residents who need help with daily tasks, like dressing, bathing and preparing meals. U.S. District Judge Claudia Wilken issued a restraining order Dec. 1 that blocked the scheduled Jan. 1 implementation date, and said there are "serious questions" about whether the cutback would violate federal disability law.
A lawyer for care recipients in both states said the appeals court ruling, which is binding on federal judges in California, increases the likelihood of stopping the 20 percent rollback.
(Excerpt) Read more at sfgate.com ...
The law does not require proof of immediate impact but only a showing of a "serious risk of institutionalization," Judge William Fletcher said in the majority opinion, citing arguments submitted by the Obama administration's Justice Department.Fletcher, William A.
Yeah, but they’re smarter than the rest of the world combined. Judicial arrogance.
Any lefty headline that contains the words....could....may..or might....its garbage...if they use the words ....has.....that means it might be factual.
So are the judges going to make up the difference that the state can’t pay?
How in the hell does this become a federal issue?
Came in as an (03) LT and then served only two years? Could an officer recruiter from the late sixties enlighten me here please. Only two years does not sound right, was he kicked out? Of course having attended both Harvard and Yale might be an indication that his education was not good enough to be a commissioned officer in the Navy.
the facts are that it USED TO BE that disabled and elderly lived with relatives who took care of them...fed them, washed them, etc....
now we have this huge govt monstrosity thinking it can make up that care by paying out billions and suddenly , the billions aren't there....
we'd better get back to the old days folks...blood is thicker than water....its going to be that WE take care of our families,in sickness and in health....not the govt...the govt couldn't care for a gerbil properly....
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