Brain injury suit filed, but crisis avoided for now

[Laura]

Brain injury suit filed, but crisis avoided for now
February 4, 2010 at 5:09 pm by Rick Karlin http://blog.timesunion.com/capitol/a...t-crisis-avoid ed-for-now/

Remember the lawsuit that the education lobby filed against budget holdbacks, but then Gov. Paterson released the funds?

This is very roughly analogous, although it centers on regulations rather than money.

Advocates for the state's community of brain injury survivors pushed for the suit after a change in the regulations regarding home care services. Some of these services are so called waiver providers in that they serve people who can live on their own but who need care or help to do so.

Back in 2007, the state Department of Health decided to require these providers be licensed.

The trouble is, five of these firms are approved but nine are still waiting for state approval. At the same time, the DOH late last year said that the firms which are not yet licensed have to stop providing services. This led to fears that people with brain injuries might end up in hospitals or other institutions due to the lack of home care.

Thus the lawsuit.

DOH wouldn't comment extensively, citing litigation but spokeswoman Claire Pospisil noted that the plaintiff's request for a temporary restraining order was denied.

However the Syracuse lawyer who filed the sui,t (sic) Robert Lukow, said the state also agreed at the last minute to hold off its plan to actually force these providers to stop working, meaning the immediate crisis was averted

Brain (court document): http://www.scribd.com/doc/26390971/Brain

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