BANGOR, Maine — Eric Reeves has the same goals as most people: graduating high school, earning a college degree and securing a job. But his biggest goal is moving out of Eastside Rehabilitation and Living Center.
“I am 35 years old,” said Reeves, who has cerebral palsy. “I don’t belong in a nursing home. It’s a good place when you need it but I just want to be with people my age.”
Following a class-action lawsuit settlement signed Wednesday in U.S. District Court, Reeves and others who have physical disabilities will have a chance at a more normal life. Reeves was one of three men who sued the Maine Department of Health and Human Services in 2009. The suit alleged that DHHS, in the operation of the MaineCare program, which is the state’s version of Medicaid, violated the Americans with Disabilities Act and the Nursing Home Reform Act by not providing federally mandated services that promote independence and community involvement.
“It will allow me to be out in the community a lot more,” said Reeves during a telephone interview with the Bangor Daily News on Thursday. “I’m just really glad that people with other physical disabilities, and not so much mental disabilities, will be getting the help that we need.”
The case, filed in U.S. District Court in Bangor in 2009, was granted class-action status and grew to include more than 40 members. The settlement signed Thursday was reached last year and approved by U.S. District Court Judge Nancy Torresen on Wednesday.
“The resolution achieves what our clients wanted from the state — a chance to live independently in the community and not be segregated from their peers,” said Jack Comart, the litigation director for Maine Equal Justice Partners, which helped bring the suit. “Commissioner Mary Mayhew, shortly after taking office in 2011, expressed her openness to resolving this case, and we appreciate the work that she and her team have done to help make this settlement possible.”
Staci Converse, an attorney for the Disability Rights Center in Augusta, which filed the lawsuit in conjunction with Maine Equal Justice Partners, said there are at least 121 individuals in Maine who will benefit from the settlement. Most of them have epilepsy, cerebral palsy or related conditions, which are defined in federal law.
“The thrust is to get people out of nursing homes and give them the option of living in the community,” said Converse. “Federal law has an integration mandate so people can live in the least-restrictive environment, so they can live in their communities.”
Linda Elliott of Ellsworth, the mother of 28-year-old plaintiff Jake Van Meter, who lives at the Cortland Rehabilitation and Living Center in Ellsworth, said the problem with nursing homes for people with her son’s challenges is that their goal in most cases is not to promote progression toward independence.
“You can’t take a young person and put him in the same setting as an 80- or 90-year-old and expect a different outcome,” said Elliott in a press release.
Under the settlement, the department has committed to obtaining a Home and Community Based Waiver from the federal agency that oversees Maine’s program, and over the course of the next five years it will offer at least 75 people with cerebral palsy, epilepsy and other related conditions the chance to live in the community rather than in nursing homes.
Reeves said in addition to completing his education and securing a job — perhaps working with computers — he just wants more of a “normal life.”
“Friends call me and say, ‘Hey, can I come over?’” said Reeves. “Yes, they can come over now, but most of my friends don’t like to because I am in a nursing home. I want to be able to tell my friends, ‘Hey, come on over to my new pad. We’ll have a quiet place where we can actually sit down and talk and chill out.’”
Reeves said he hopes to move into some sort of assisted-living apartment of his own. He said he was pleased with the settlement of the class-action suit, but there’s another milestone coming that will be even better.
“You know what would be happier? The day when they tell me that you know what, you can move out on your own and that yes, you have problems but there is a system to back you up if you need help,” he said. “This proves that if you fight long enough and hard enough, good things will happen. I am living proof.”
I agree that a nursing home is a depressing place, especially for younger people. During my stay for rehab in two nursing homes after operations, it was for me also and my stay was temporary. There were several Alzheimer patients that would wander into my room during the day, sit on my bed and not realize that I was there. They were all non verbal, harmless but it was still kind of creepy. I would rather die than have to live in one for the rest of my life. I hope the new living arrangements for these young men becomes a reality.
That is great news! Congratulations.
Now if we could only get better equal rights for those with mental illnesses and get the govt and health insurance companies to put mental illness on the same playing field as a physical illness.
He looks very pleased with the decision.
More class actions suits are sure to come — many people with disabilities are homeless and worse with the closing of funding to provide assistance to these individuals — too bad it has to go to class action suits to see change. Lucky for this young man that he had the support behind him to guide him through the process, many people don’t and their voices go unheard. Congratulations and I hope you have a very fulfilling life outside the walls of the nursing home!!!
So happy to see this! I work at a nursing home, everyone deserves to live in the least restrictive environment and be able to be around peers of thier own age. Imagine being the only 2o year old in a facility, every one else is in thier 50s, 60s and older. No one to talk to, no one to share interests with.
I work in one too, Katherine – and I love my job, but it’s hard when someone so young is there and you know w/that extra help they would be out and living a life. I’m glad that they now have more options!
Good for you Jake and Eric! I have an elderly friend at the Maine Veterans Home. He seems to be well taken care of, but what a depressing environment. I don’t know how the care givers keep their spirits up, but they certainly seem to!
Its about time people came to their senses!!!! Now its time to build some assisted living apartments geared towards these individuals..to eliminate the years long waiting lists…..and while the state is at it, they can stop cutting funding and reinstate the funding they have already ignorantly taken away that will pay for services thats meant to help these disabled individuals lead INDEPENDENT lives that will in turn save the state money long term
With the current HMFIC in the Blaine House, I wouldn’t hold your breath for those assisted living apartments, or funding.
They’re just one election away from not being in the Blaine House. Let’s look for candidates that will advance the cause of people with disabilities.
Agreed, and one that could out wit a Poodle would be nice as well.
Actually the Waiver program that would allow for funding of these types of apartments has been closed since Baldassy — I’m not a LePage supporter…however, the closing of the waiver was not done on his clock.
HMFIC — that must be the Head Mardens Fancier In Charge, right?
I’ll ask the judges…. Yes we will accept it.
A story comes out that most people would feel good about and be happy for the guys that fought the system (a system that has been in place prior to this administration) and won. But oh no some people just have to take the attention away from the purpose of the story and beat their own drum again and again. Good grief——-. I am happy Jake and Eric good luck to them.
Happy for them.
Just a small comment. I have worked at a retirement coummunity, not nursing home, and I fell in love with the elderly. I also met people living in nursing homes in the course of my work. I loved them too.
I do think it was the most rewarding job I have done. I understand how others feel but I would love to get back into that enviroment.
This is the type of story that is about real people and makes me happy that my taxes are being used well when help those who truly need our help. It is too bad that so many in this paper rant against the services needed.
I congratulate this man and those in the suit. I don’t mind paying to help you because “there but for the grace of god, go I”.
Wish these people luck- I hope they can get the services & help they need to live an independent & more fulfilling life. It will be a challenge .
Good for you, Eric and Jake (and Adam!) for persevering in your fight for justice. You’ve proved that you can right a wrong when the system disregards the laws and fails the people it is supposed to be assisting!
We’ll be watching for the next chapter of your story, how you moved out to a new place and you were able to begin to achieve your goals! Best of luck to you all!
Fellas; your smiles make my spirit soar…many will benefit from your efforts !
Awesomeness!!!
Hooray! I’m happy they won their case!
Well done boys