New York, NY (PRWEB) June 22, 2005
Nurse Service of New York visits (VNS) illegally terminated care at home without adequate notice to a customer quadriplegic, and made his actions even worse in defying an order of the New York State Office of Temporary and Disability Assistance (OTDA) to restore service pending a hearing. Representing the woman, the Group of New York Legal Assistance (NYLAG) is today the filing of an emergency action, ie Llovet Doar, the New York State Supreme Court to compel VNS to restore services to women.
The suit names
VNS and three government agencies that share responsibility for providing home care services for Medicaid recipients.
?, OTDA, New York State Department of Health, and NYC Human Resources Administration (HRA) was abandoned without the ongoing support they need to survive? Said Jane Greengold Stevens, director of special litigation NYLAG.
In 1996, 26 Aleyda Llovet was in a serious car accident which resulted in his becoming a quadriplegic. A resident of Staten Island, Ms. Llovet is a C4/C5 quadriplegic, which means she can move her head and has limited movement of his shoulders, but none in her wrists, hands or other body part. In the nine years since her accident, she lived at home for all but a few months in care 24 hours on two 12 hour shifts with the Visiting Nurse Service, paid for by Medicaid.
However, in April 2005, VNS illegally terminated his service. They do not provide a notice to inform him of his right of appeal to the New York State Department of Temporary and Disability Assistance, or if it uses when it had the right to have services continue until a decision was taken on the appeal.
? VNS told me they were finished my service because I’m difficult to serve? Llovet says. ? It is true that I need extensive care, such as lifting, bathing, feeding, dressing and help with activities of daily life, but these are exactly the types of services that are necessary and which I am entitled under Medicaid.?
? Despite VNS? prominent advertising of these services highly, they refused to provide essential care to Ms. Llovet,? Yisrael said Schulman, executive director of NYLAG.
survived the absence of agents VNS only because of a large network of relatives and friends have generously devoted their time to care for her. Yet the family is unable to sustain the level of care it needs for much longer. Ms. Llovet? His mother was the primary caregiver. However, it can not continue lifting its 35-year old daughter. She is experiencing serious health problems of his own and his doctor told him to stop.
because of the threat to Ms. Llovet? s safety, the emergency services to restore home care is essential. Despite the generosity of his family, Dr. Llovet is left alone for long periods of time. His quadriplegia him having violent spasms during which she is in danger of falling out of bed or a wheelchair. After VNS terminated its services, it has already fallen out of bed once, and therefore had to go to the emergency room. When she fell, she was left helpless on the floor crying for help until it was discovered by her mother. She suffered bruises on her face, neck and arms and is always in pain.
The efforts of the Group
New York, legal assistance led to an order of the New York State Office of Temporary and Disability Assistance Ms. Llovet? s 24-hour care should be restored immediately, but VNS has refused to do so. On a temporary basis, another service provider is now dealing with it for 8 hours a day, but always leaves his powerlessness to 16 hours a day.
Sunday, Ms. Llovet was admitted to Staten Island University Hospital after suffering third degree burns on his hand because of negligent care by a new, untrained help.
? VNS left a woman who is totally unable to perform any of the activities of daily living on his own? Ms. Stevens said. ? We hope a court order will force VNS to restore its services 24 hours immediately .??> p
Founded in 1990, the Group of New York Legal Assistance (NYLAG) is a firm non-profit that provides free civil legal services to low-income New Yorkers. A full-service agency, NYLAG provides consultation, representation and advocacy. Last year, 22,370 cases treated and NYLAG impacted by litigation thousands more the impact of success and community legal education. For more information on NYLAG, go to http://www.nylag.org.
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