The Plaintiff is a 21-year-old with muscular dystrophy. He qualifies for care in a Subacute Medical Facility but is able to remain in the community so long as he receives extensive nursing care in his home. When the Plaintiff turned 21 in September 2012, the state reduced his nursing care by 200 hours per month due to his new categorization as an adult. The state provides fewer nursing hours to adults than to children. Despite this change, he alleges that his condition remains the same, and without adequate nursing care in his home, he would need to be institutionalized. The Plaintiff filed this complaint in the U.S. District Court for the Eastern District of California on December 4, 2012, alleging that the reduction in nursing hours puts him at serious risk of unnecessary institutionalization in violation of the Americans with Disabilities Act and Section 504 of the Rehabilitation Act.

The case is currently pending before Judge William B. Shubb. The Defendants have received several extensions of responsive pleading deadlines.

Beth Kurtz - 02/22/2013


compress summary