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Thread: Home care Vs. Nursing home information needed

  1. #1

    Home care Vs. Nursing home information needed

    I am a c-2-6 incomplete; 15 years post injury with pre-existing CP. I live in my own home (deed is in my name but mortgage is paid by partner/caregiver) with 24hr in-home attendant care. My partner is paid to provide that care. I am currently in a very nasty legal battle with my worker's comp. insurance. They are attempting, against medical advice, to place me in a nursing home without my consent.

    Does anyone know of studies comparing in home care and nursing homes, especially in relation to mortality, increase health problems, and the like?
    Any advice or help will be greatly welcomed.

  2. #2
    More info, please! Why does workman's comp want you in a nursing home?

    Tough times don't last - tough people do.

  3. #3

    Worker's Comp

    If you have Worker's Comp, RUN don't walk to a good Worker's Comp attorney who can be your advocate on this. They can get expert testimony and find the data about longevity in a nursing homes, as well as the cost comparisons (unless they are really paying your live-in a lot, it has to be less than the cost of nursing home placement).

    They should also be referencing the recent Supreme Court case related to this (I am sure someone on this board has the case name)from Georgia where the state lost a similar case in trying to force several people with disabilities into nursing homes. Supreme Court found this was inconsistent with least-restrictive-environment intent of the ADA.


  4. #4

    The all mighty dollar...

    They believe it would be more cost effective. They seem to be using this tact in order to assert control over my medical treatment.
    My contention is that in-home care is a form of treatment. They are saying they need only provide 24 hr care and that in-home care is the same as nursing home care.

  5. #5


    The case originates in New Mexico, but I currently reside in Arizona. I have lawyers in both states working on this but we need all the info we can gather. Your ADA tact could be promising. Has anyone else had experience with Occupational Health Management Services Inc., or Paradigm Health Coporation?

  6. #6

    Supreme Court

    The case mentioned by KLD is Olmstead vs. Georgia.

    The court ruled that she (Olmstead) had the right to be integrated into her community. She could not be forced into a nursing home by the state. I don't believe it really matters that she lived in Georgia, as this was THE Supreme Court, not a Georgia Court.

    Courts also love precedent and it seems to me that 15 years of living the way you do ought to present itself as proof you can live that way.

  7. #7
    Super Moderator Sue Pendleton's Avatar
    Join Date
    Jul 2001
    Wisconsin USA
    Order a copy of the latest journal Topics in SCI Rehabilitation. It has a wonderful chapter on the horrors of nursing home placement especially for younger SCIs. More rehospitalizations, more sores, more UTIs, etc. Attacks by staff, stolen personal property, the works. Oh..and people getting moved to different homes like 10 times in 2 years.

    Each copy is $37 and is written in English for the most part not medical language.

  8. #8

    Thank you...........

    Your info has been very helpful. The case in New Mexico will go to trial April 30th.

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