Disabled sue Pa. over delays, denials
PHILADELPHIA — Disabled Pennsylvanians trying to stay in their homes sued state welfare officials Monday over alleged delays with their appeals for in-home care.
The months-long delays deny clients the help they need with bathing, meal preparation and other daily tasks, disability rights lawyers said.
The plaintiffs in the potential class-action suit include a Chester County woman with cerebral palsy who said she was denied eligibility for the Medicaid-funded program after just a brief phone call. Advocates helped her get an in-home evaluation seven weeks later, and she is now awaiting word on her application.
“The only thing I was trying to get help with was for cleaning,” said Tracey Melia, 50, of Exton. Her husband, John, is blind. While they have gotten by on their own throughout eight years of marriage, they are starting to need help with certain chores, she said.
“I think the problem is bigger than just if they’re going to help me,” she said.
The delays are affecting hundreds and perhaps thousands of people across the state, despite the funding available in nearly all of the relevant state programs, the suit said.
Robert Meek, managing attorney of the Disability Rights Network of Pennsylvania, filed the lawsuit in federal court in Philadelphia. He does not believe the state is trying to deny people services, but said officials have simply fumbled in their efforts to run the program, which involves a 50-50 split of federal and state money.
Michael Race, a spokesman for the Department of Public Welfare, said the agency does not comment on pending litigation.
Most applicants need attendant care or a nursing aide, not skilled nursing, Meek said. That makes the in-home care much cheaper than a nursing home would be, advocates said.
“They’re not expensive services but it keeps people in their homes, and they can function in the community with a little help,” Meek said.
According to the suit, the state tried to address backlogs with the program last fall by awarding a private contractor $9 million over two years to handle inquiries, applications, in-home eligibility visits and other tasks. But the problem has only gotten worse, despite Medicaid rules such as a 90-day limit for eligibility decisions, the suit says.
Other plaintiffs include a 49-year-old Philadelphia woman with a brain injury who needs help organizing her finances.
