The lawsuit claims that Skilled Healthcare Group issued a rule that Latinos must speak English only, even with other Spanish-speaking residents at the home, while on nursing home grounds, and during breaks. However, that rule was not enforced with individuals from other ethnic groups, such as Tagalog. The Latino workers also claimed they suffered from other forms of harassment from nursing home management.

The nursing home group disputed the allegations, saying it settled the lawsuit to avoid an expensive and time-consuming lawsuit.

One Latino nursing aide said a Spanish-speaking resident told her in Spanish that she needed to use the bathroom. When the aide responded in Spanish she was told by a supervisor that she would be disciplined and possibly fired if she continued to speak Spanish while at work.

The conscent decree requires Skilled Healthcare Group to divide $180,000 among 53 workers as well as offer them English classes. Upon completion of the classes, each worker will receive an additional $2,500. The nursing home group also will provide antidiscrimination training. The group was also instructed to hire a monitor to ensure the home complies with federal law.

SOURCE: Nursing Home Abuse › Nursing home group must pay Latino workers in discrimination lawsuit

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Medicaid, which is the state-federal body that provides health coverage and nursing home care to the poor, pays nursing homes millions each year for treating patients who qualify for Medicaid. Advocates for the elderly contend that nursing homes have successfully lobbied politicians to make qualifying for community care more difficult, thus forcing these older or disabled individuals to move into nursing homes when they are independent enough to live at home, with relatives or in assisted living.

Individuals who qualify for Medicare and who become sick or disabled have no trouble qualifying for nursing homes, but are finding it far more difficult to receive Medicaid-supported services, the report states.

Advocates cite a 1999 U.S. Supreme Court case known as the Olmstead decision, in which the court ruled that the unjustified placement of individuals in institutions such as nursing homes amounted to discrimination under the Americans with Disabilities Act. The decision stated that states must provide community care if it can be accommodated and would be appropriate.

“There’s a lot of concern that the nursing home industry is very powerful in many states and has made sure that a lot of Medicaid dollars go to institutional care as opposed to home and community-based care,” says an attorney at the Center for Medicare Advocacy.

SOURCE: Nursing Home Abuse › Florida Medicaid recipients want to choose where to live

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