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Lawsuit Alleges Assisted Living Facilities Discriminate Against Wheelchair Users

July 30, 2018 By Barry Crimmins

A lawsuit in New York state highlights an issue with some assisted living facilities: No wheelchairs allowed. The lawsuit claims that state regulations and facility policies discriminate against residents and potential residents who use wheelchairs.

Filed on behalf of the Fair Housing Justice Center and an anonymous assisted living resident, the lawsuit alleges that four assisted living facilities in New York refused to admit applicants who were in a wheelchair and threatened to evict or actually evicted residents who started using wheelchairs. According to the lawsuit, state regulations are to blame. The regulations prohibit assisted living facilities from admitting residents who are “unable to transfer” or “chronically chairfast.” The lawsuit argues that these regulations, which predate federal anti-discrimination laws, are outdated and violate current federal disability discrimination law.

Assisted living facilities, unlike nursing homes, are not governed by federal law and regulations. State law dictates the rules for these facilities, and each state has different laws. Some states require assisted living residents to be able to transfer themselves or transfer with minimal help. Other states, like New York, allow facilities to prohibit wheelchairs altogether. Individuals in wheelchairs are often told they need to go to a nursing home, which is more expensive than an assisted living facility.

The lawsuit is asking the facilities to stop discriminating against wheelchair residents and the state to revise its regulations to comply with federal law. The lawsuit argues that admission to an assisted living facility should be judged on a case-by-case basis according to the individual's needs rather than with a blanket “no wheelchair” policy.

For a New York Times article about the lawsuit, click here.

To read the lawsuit, click here.

 

 

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Law Offices of Barry R. Crimmins, PC

Elder Law News - May 2022 Thumbnail

Elder Law News, May 2022

With healthcare and nursing homes being a hot topic as of late, you may have some questions regarding your care or the care of a loved one. If so…

Elder Law NEWS - April 2022

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In 2022, change remains constant. But, as it applies to eldercare, some shifts are favorable, while others could directly impact the financial stability and level of care your loved one receives. 

Elder Law NEWS - March 2022

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If you or a loved one were hospitalized and put under observation status, don’t worry – you have the right to appeal. The CMS (Centers for Medicare & Medicaid Services) recently announced that beneficiaries could appeal a hospital’s decision to assign observation status.

February 2022 newsletter

Elder Law News, February 2022

If you’re among the growing numbers of caregivers, each day that passes brings an increased chance of needing long-term care. Unfortunately, for many senior citizens, that means living in a nursing home or other type of care facility which could be understaffed or under stress due to COVID-19 or various other reasons. 

Elder Law News, January 2022

The Internal Revenue Service (IRS) has announced the amounts taxpayers of different ages can deduct from their 2022 income as a result of buying long-term care insurance, and the figures are almost the same as in 2021.

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