Op/Ed: Treatment of patient at Indiana nursing home at center of U.S. Supreme Court case

I am a disability rights leader in Indiana, and I am extremely concerned about the future of critical social services in our state and country.

On Nov. 8, Health and Hospital Corporation (HHC) v. Talevski will be heard by the U.S. Supreme Court. A ruling in this case is likely to strip away the legal rights and protections of vulnerable citizens, including people with disabilities who rely on these programs to live full and active lives. These are your neighbors, your coworkers and the loved ones of people you cross paths with in all aspects of life.

The case is rooted right here in Indiana. Health and Hospital Corp. of Marion County (HHC), which operates 78 nursing homes throughout the state, is appealing a lawsuit about alleged mistreatment and abuse of a former resident, Gorgi Talevski. But HHC isn’t just asking the U.S. Supreme Court to reconsider whether Talevski’s family can bring a lawsuit; they’re arguing that no one should be able to challenge civil rights violations from providers of safety net programs.

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Why does this matter?

The implications of this case reach far beyond Talevski and nursing home standards of care. Safety net programs ― such as Medicaid, the Supplemental Nutrition Assistance Program (SNAP), the Children’s Health Insurance Program (CHIP) and Temporary Assistance to Needy Families (TANF) ― have been a lifeline for millions of people, especially people with disabilities. One in 4 adults in Indiana has a disability, and these numbers are increasing rapidly due to growing populations of older adults and people with disabilities. A negative ruling will leave them without any legal recourse if they face mistreatment or abuse or their benefits are taken away or denied. This happens more often than you may think.

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I’ve spent nearly 25 years advocating for people with intellectual and developmental disabilities (IDD), and I know that the fallout from this case will impose a heavy human toll on Hoosiers and across the country. The history of discriminatory treatment toward people with disabilities has deep roots in American society. The Americans with Disabilities Act (ADA) in 1990 was one of the most significant advancements in civil rights ― yet discrimination persists.

The Arc constantly helps people with IDD navigate these complex government systems, which are rife with flaws, restrictions, oversights and errors. They frequently fail to help the vulnerable citizens they were established for. Private lawsuits have been one of the only ways people get the services and support they need.

Take Lois Curtis and Elaine Wilson, who are at the heart of a historic U.S. Supreme Court case, Olmstead v. L.C.These people with IDD were confined in an institution for several years after professionals recommended them for community-based programs. Their only avenue for release and access to these programs was through a lawsuit filed under the ADA, which they won in 1999.

Hundreds of lawsuits have been filed and won under the Olmstead precedent, enabling people with disabilities to receive the support and care they need in the community rather than in institutions. If the Supreme Court rules in favor of HHC, which legal experts are predicting is the likely outcome, these lawsuits will no longer be possible to protect and uphold basic health and human rights. This includes the 3,000-plus people with IDD who reside in nursing homes in Indiana ― many of whom do not need a high level of care but have gotten lost in the system of government care.

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Health and Hospital Corp. has the power to stop all of this from happening.

To their board and staff, I ask: Do you really want to dismantle the rights and critical services of the very people you have committed to helping? Do you want to send the message to current and future patients and families that you would rather skirt accountability than live up to your mission of promoting and protecting the health of everyone?

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To members of the community: Would you trust HHC to give your loved ones the care that they need and deserve given their stance in this case?

This case does not reflect the values I know and love about Indiana, a state that was the first to rid itself of state institutions for people with IDD. I implore HHC to withdraw their case ―for the sake of the millions of people whose lives depend on safety net programs.

Kim Dodson is the chief executive officer of The Arc of Indiana and has served in a myriad of leadership roles since she joined the organization in 1998 as director of government relations. Dodson also has over 25 years of experience in public policy and government affairs.

This article originally appeared on Indianapolis Star: Supreme Court will hear case about Indiana nursing home in November