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Buck v. Com., Dept. of Public Welfare, 566 A.2d 1269 (Commnwlth Ct. 1989)
Case of first impression in Pennsylvania unsuccessfully seeking to establish a
spouse's property interest in her institutionalized husband's pension
for purposes of determining eligibility for medical assistance.
Subsequent legislation passed by Congress protected spouses' interests
in the institutionalized spouse's income and resources.
Chalfin v. Beverly Enterprises, 745 F.Supp 1117 (E.D. PA 1990)
Case of first impression filed in 1988 under alternative
theories of tort, breach of contract and consumer protection violations
under Pennsylvania law for discharging a nursing facility resident after
applying for medical assistance. Established the right of nursing
facility residents in Pennsylvania to file suit for violations of
nursing home residents' rights under the Medical Assistance Act, 42
U.S.C. §1396 et seq. pursuant to the Pennsylvania Unfair Trade Practices
and Consumer Protection Act, 73 P.S. §201-1 et seq.
Wagner v. Fair Acres, 49 F.3d 1002 (3rd Cir.
1995) Case of first impression filed in 1994 under §504 of the
Rehabilitation Act of 1973, 29 U.S.C. §704 and the Americans with
Disabilities Act of 1990, 42 U.S.C. §§12101 et seq., seeking declaratory
and injunctive relief for discrimination against an Alzheimer's Disease
patient for a nursing home's refusal to admit the patient because of the
difficult behaviors associated with the disease. The Third Circuit
recognized the right of disabled persons seeking admission to
federally-funded programs because of their disability to file suit for
discrimination on the basis of their handicap. The Court also
recognized a duty imposed upon nursing facilities to make reasonable
accommodations for difficult patients requiring nursing care.
Hurly v. Houstoun, Civ. Action 93-3666 E.D. Pa..
Case of first impression when filed in 1993 on behalf of a class
consisting of all nursing home residents with spouses living in the
community challenging the adequacy and application of Pennsylvania's
implementation of the Spousal Impoverishment provisions of the Medical
Assistance Act, 42 U.S.C. §1396r-5. Court-approved settlement provided
class members with the right to request corrective payments from the
Department of Public Welfare and resulted in revised procedures to be
implemented prospectively.
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