California Parents Sue State Over Lack of Home Nursing Care for Children With Disabilities
Oct 19, 2018
San Francisco, CA (Law Firm Newswire) October 19, 2018 – California families have brought a class action lawsuit against the Department of Health Care Services (DHCS) alleging the state is failing to deliver adequate in-home nursing care for children with serious disabilities.
The parents of two children filed the lawsuit in U.S. District Court in Northern California. They said their 5-year-old son and 7-year-old daughter have only received a fraction of the round-the-clock nursing services mandated by the government. According to the court documents, the children are unable to “move, turn, feed, dress, bathe or otherwise take care of themselves.”
“Each family faces unique challenges when addressing the care of their children who have disabilities. The state has a responsibility to identify children who are not getting the services they need and rectify the lack of nursing care,” said special needs planning attorney Michael Gilfix of Gilfix & La Poll Associates. Parents have a similar, supportive responsibility. “They must plan to protect their kids and ensure government benefits will be available to them,” added Gilfix.
“A valuable legal tool for parents of children with special needs is a special needs trust. Such trusts provide lifelong financial security without disrupting eligibility for government benefits like Medi-Cal.”
Around 4,000 children in California are eligible for in-home nursing care funded through Medi-Cal. However, the lawsuit alleged many of the children do not receive the services recommended by their doctors and approved by the DHCS. As a result, they are at risk of suffering injuries or becoming institutionalized. The DHCS oversees Medi-Cal.
According to the complaint, families end up having to “navigate a complex system with little to no support in obtaining necessary services for their children.” The plaintiffs are not seeking compensation. They are asking for the state of California to fulfill its legal duty to ensure children obtain the appropriate medical services for which they are eligible.
The problem is linked to a statewide nursing shortage amid growing demand, as well as low Medi-Cal reimbursement rates. The DHCS recently found that in-home nurses are only able to provide 71 percent of the hours required to care for children with disabilities.
Facebook: Like Us!
- Hugh Hefner’s will forbids heirs from using drugs and alcohol
Hugh Hefner was vocal about his dislike of drugs and alcohol, as well as his concerns about substance abuse. It appears that the Playboy founder, who died in September 2017 at age 91, drafted his will to reflect those views. Hefner’s trust includes a clause that blocks his heirs from accessing their inheritance if they […]
The post Hugh Hefner’s will forbids heirs from using drugs and alcohol appeared first on Gilfix & La Poll Associates LLP.
- Robot caregivers elicit mix of worry and enthusiasm among Americans
A Pew Research Center survey conducted last year offers some interesting insights into how people feel about robot caregivers and automation in general. Some Americans view robots as a possible solution to the anticipated shortage in caregivers for the nation’s aging population. However, many are concerned about the negative consequences of replacing human caregivers with […]
The post Robot caregivers elicit mix of worry and enthusiasm among Americans appeared first on Gilfix & La Poll Associates LLP.
- Attorney Michael Gilfix featured as Great Giver in PACE newsletter
Attorney Michael Gilfix was recently recognized for his generous support of the nonprofit Pacific Autism Center for Education (PACE). He was featured as a “Great Giver” in the Spring 2018 issue of the PACE Setter newsletter in acknowledgement of his positive impact on the community. Gilfix is a nationally known authority in the fields of […]
The post Attorney Michael Gilfix featured as Great Giver in PACE newsletter appeared first on Gilfix & La Poll Associates LLP.
- ER visits increase disability risk for seniors, says study
An elderly individual’s emergency room visit for an injury or illness could signal serious health problems, according to recent research. Adults aged 65 and older who make a trip to the ER are at a 14 percent higher risk of experiencing disability and physical decline up to six months after discharge than seniors who do […]
The post ER visits increase disability risk for seniors, says study appeared first on Gilfix & La Poll Associates LLP.
- Key differences between nursing homes and assisted living facilities
Choosing the right type of senior care for yourself or an aging loved one can be a difficult task due to the many options available. Among the best-known types of residential senior care are assisted living centers and nursing homes. Understanding the basic differences between them and whether they fulfill one’s requirements can help the […]
The post Key differences between nursing homes and assisted living facilities appeared first on Gilfix & La Poll Associates LLP.
