The plaintiff, a 74-year-old woman who had been diagnosed with psychosis and dementia and who could speak only Portuguese, filed a lawsuit against the Commissioner of the Division of Medical Assistance under 42 U.S.C. § 1983, the Americans with Disability Act, § 504 of the Rehabilitation Act of 19 ...
read more >
The plaintiff, a 74-year-old woman who had been diagnosed with psychosis and dementia and who could speak only Portuguese, filed a lawsuit against the Commissioner of the Division of Medical Assistance under 42 U.S.C. § 1983, the Americans with Disability Act, § 504 of the Rehabilitation Act of 1973, and the Medicaid Act in the Massachusetts Superior Court. The plaintiff claimed the Commissioner's decision to terminate payment to the plaintiff's daughter for her personal care attendant services constituted discrimination based on her disability.
On August 1, 2002, the Court (Judge C. Brian McDonald) held that the plaintiff was entitled to Medicaid reimbursement for personal care assistance provided by her daughter on the ground that the plaintiff's disability was such that it prevented anyone other than her daughter to care for her.
Kunyi Zhang - 03/26/2011
compress summary
