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Isabella Brooke Knightly and Austin Gamez-Knightly

Isabella Brooke Knightly and Austin Gamez-Knightly
In Memory of my Loving Husband, William F. Knightly Jr. Murdered by ILLEGAL Palliative Care at a Nashua, NH Hospital

Thursday, February 3, 2011

Federal judge says lawsuit against DHHS now class action — Health & Fitness — Bangor Daily News

Federal judge says lawsuit against DHHS now class action — Health & Fitness — Bangor Daily News

BANGOR, Maine — More than 40 Maine residents with cerebral palsy, epilepsy and other related conditions will join a lawsuit seeking to force the Maine Department of Health and Human Services to provide opportunities for them to live independently outside of nursing homes.

U.S. District Judge John Woodcock on Monday granted class-action status to a lawsuit filed more than a year ago by three men with cerebral palsy who want to live on their own but retain support services.

Filed in December 2009 in U.S. District Court in Bangor, the lawsuit alleges that DHHS, in the operation of its Medicaid program, violated the Americans with Disabilities Act and the Nursing Home Reform Act because it failed to offer people with cerebral palsy, epilepsy and other related conditions opportunities to live out-side of nursing homes.

In addition, the plaintiffs have claimed that for those who do live in nursing homes, DHHS has failed to provide necessary services required under federal law.

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