Blog Archives - Page 8 of 17 - Disability Rights Maryland

DRM Sues on Behalf of Children Stuck in Hospitals

Posted on June 5, 2023

On Tuesday, May 30, 2023, Disability Rights Maryland (DRM) and Venable LLP filed a complaint against the Maryland Department of Human Services (DHS) and Maryland Department of Health (MDH) for their failure to provide appropriate placements and services for children warehoused in hospitals and emergency departments without medical necessity, resulting in “overstay” status.

The lawsuit is filed on behalf of a class of Maryland foster children who currently are experiencing, or are at imminent risk of experiencing, medically unnecessary hospitalization.

Even though there are laws to help foster children leave institutional settings, local Departments of Social Services keep some children with challenging behavior in hospitals while they wait for placement in a congregate care group home, a highly restrictive residential treatment center (RTC), or a residential program for youth with disabilities.

The children suffer greatly during these hospital stays, as they are confined to beds or sterile hospital units for weeks or months without proper opportunities for education, recreation, socialization, fresh air, or basic interactions that are critcal for their development.

“Some children have been held in emergency departments for weeks, where they have difficulty sleeping because the lights are always on and there is constant activity all around them,” said Megan Berger, legal director at DRM. “It is traumatic to be confined in such arrangements after the kids’ doctors have said they are ready to leave. Kids have told us that they feel abandoned and unwanted—and the lack of available services and placements just compounds those feelings.”

Maryland is considered the wealthiest state in the country per person, but it continues to fail its most vulnerable children. Hospital overstays have been a persistent issue in Maryland for at least the past five years, affecting over 100 foster children annually.

Leslie Seid Margolis, a managing attorney and policy counsel at DRM, emphasized “Moving children out of the hospital one by one is not a plan. We hope this lawsuit will spur the State agencies to think systemically about how to address the critical need to provide meaningful therapeutic, behavioral, and supportive services to children and youth in their homes or foster homes or, if that is not possible, then in the community with as little restriction as possible.”

For more information about the lawsuit, you can find media coverage listed below:

Disability rights group sues Maryland for housing foster kids in hospitals (The Baltimore Banner)

Disability Rights Maryland Sues DHS, MDH Over Foster Children Care (Baltimore Post Examiner)

Maryland sued for allegedly housing foster children in hospitals (wmar2news.com)

Lawsuit challenges long, medically unnecessary hospital stays for Maryland foster care children (WYPR)

Lawsuit accuses Maryland of ‘warehousing’ foster children with behavioral health issues in hospitals (WJZ News)

‘Stuck in limbo’: Lawsuit says Md. foster children held in hospitals, psychiatric facilities for no medical reason (WTOP )

Three women (a nurse, older adult, and family members) looking to the right and smiling.

Expanded Services for Adults with Brain Injury

Posted on May 11, 2023

The Maryland Department of Health (MDH) has temporarily expanded the technical eligibility for the Home and Community-Based Services Waiver for Adults with Brain Injury (Brain Injury Waiver), which provides residential, day, supported-employment, and individual-support services to adults with neurobehavioral, cognitive, and physical deficits resulting from a brain injury. The Brain Injury Waiver typically only allows transition from just a handful of nursing facilities, but applicants may now transition from all private nursing facilities. The MDH is currently evaluating the sustainability of this expansion, which will remain in effect until November 2023.

Under the temporary expansion, Marylanders residing in Maryland nursing facilities, chronic hospitals, or state owned and operated facilities may be eligible for this program if:

They are between the ages of 22-64;
They have sustained an acquired brain injury that occurred after the age of 17;
The brain injury resulted in a cognitive, physical, behavioral, or emotional disability;
The individual’s income does not exceed $2,742 per month nor has assets that exceed $2,000 in value;
Their needs meet a nursing facility or chronic hospital level of care; and
Their medical issues are chronic, predictable, stable, and routine.

If you or someone you know is in a private nursing facility, is interested in living in the community with services via the Brain Injury Waiver and meets the above criteria, complete this interest form as soon as possible before the temporary expansion period ends in November 2023. The form will connect you with staff from the Brain Injury Association of Maryland, who can assist with determining Waiver eligibility and the application process. The process can take a while, so the sooner you complete the interest form, the better.

More information is available at https://www.biamd.org/brain-injury-wavier-program.html

Black man looking at camera smiling while sitting in driver seat of a public bus.

What Are Your Transportation Priorities?

Posted on April 24, 2023

The Maryland Department of Transportation (MDOT) launched a public survey to gather input for the 2050 Maryland Transit Plan. Access to transportation (or lack thereof) directly impacts employment, health and overall quality of life. The MDOT Transit Plan will be a 20-year vision for statewide transportation and will direct the state’s efforts moving forward. Your input will help shape our transit system for the next few decades. The survey is available online in a digital format or it can be downloaded and emailed.

Complete the survey by Friday, May 5, 2023 at 5:00PM: https://www.mdot.maryland.gov/tso/pages/Index.aspx?PageId=22

Wiley Secures Victory for Disability Rights Maryland in Pro Bono Lawsuit Against Prince George’s County Public Schools

Posted on April 1, 2023

Washington, DC – Wiley Rein LLP secured an important victory on behalf of Disability Rights Maryland (DRM) in a lawsuit against Prince George’s County Public Schools (PGCPS), stemming from allegations that the school system disproportionately subjected students with disabilities to inappropriate and exclusionary forms of discipline.

In a March 24 decision granting DRM’s motion for summary judgment, the U.S. District Court for the District of Maryland ordered PGCPS to provide DRM with contact information for the parents or guardians of students who are eligible for special education in the school district, and who have received a suspension of more than three days or were expelled since January 2019.

Wiley Pro Bono Partner Theodore A. Howard represents Disability Rights Maryland in this case in collaboration with Luciene Parsley and Megan Berger of DRM’s legal staff. DRM is a nonprofit organization designated as the State of Maryland’s Protection & Advocacy agency. DRM is “federally mandated to advance the civil rights of people with disabilities,” and provides free legal services to individuals in Maryland with all types of disabilities who live in facilities or the wider community, or who are homeless.

DRM’s unsuccessful requests for parent or guardian contact information came after it received over 85 complaints against PGCPS related to exclusionary discipline and educational neglect of students with disabilities. As noted in the court’s ruling, DRM investigated many of the complaints and concluded that “PGCPS frequently violated the educational rights of students with disabilities.”

When PGCPS refused to voluntarily provide the contact information DRM sought, Wiley filed an action for declaratory and injunctive relief on DRM’s behalf in November 2021 under the applicable federal protection and advocacy statutes and regulations.

The court agreed with Wiley’s argument that DRM is entitled to production by the school system of the information it has requested as a matter of law, and firmly rejected the various arguments interposed by the school system to prevent that outcome.

Originally posted March 28, 2023 by Wiley Rein LLP

About Wiley Rein LLP

Founded in 1983, Wiley is a dominant presence in the nation’s capital. With more than 240 attorneys and advisors, the firm has earned international prominence by representing clients in complex, high-stakes regulatory, litigation, and transactional matters. Many of Wiley’s lawyers and public policy advisors have held high-level positions in the White House and federal agencies and on Capitol Hill. The firm represents a wide range of clients – from Fortune 500 corporations to trade associations to individuals – in virtually all industries. Wiley provides significant pro bono legal services and charitable contributions to the local community every year.

Trans gender flag with medical or doctor symbol on top

DRM Supports Accessible Gender-Affirming Health Care

Posted on March 16, 2023

House Bill 283 and Senate Bill 460, the Trans Health Equity Act, expands Medicaid coverage for gender-affirming health care. Disability Rights Maryland (DRM) supports this bill. Sam Williamson, DRM attorney, is working with the Trans Rights Advocacy Coalition to ensure transgender Marylanders get access to life-saving health care. Major medical organizations, including the American Medical Association and the World Health Organization, have endorsed the medical necessity of this care. Strikingly, 39% of transgender individuals have one or more disabilities, compared to 15% of the general population. It is no surprise that failing to provide adequate treatment for a medical condition, such as gender dysphoria, leads to significant long-term health consequences.

Providing full coverage for gender-affirming care is also legally required. Multiple federal courts have found that states violated nondiscrimination provisions in the Affordable Care Act when they withheld coverage for gender-affirming care.

Take Action: Call on your legislators to support the Trans Health Equity Act! | Advance Maryland

Listed below are several articles providing more details and sharing Sam’s expertise on the subject. Learn More:

Opinion: Maryland Legislators can take bold action to protect our transgender community

Advocates press for passage of Trans Health Equity Actrans

Maryland’s House health committee holds hearing on legislation to protect gender-affirming care