Man with Down syndrome gets into nursing home

The Ombudsman has seen an increase in the number of families with an adult child with an intellectual or developmental disability. On most occasions the adult child has lived with the family their whole life. When the parents can no longer care for the adult child, the siblings often assume the responsibility of caring for their brother or sister. A brother found himself in this situation and called our office when he could no longer care for his 63-year old brother with Down syndrome and advanced dementia and now needed around-the-clock care.

The brother planned in advance for this situation and had already selected a nursing home with a specialized dementia unit. With the help of the home’s admission director, his brother was added to the waiting list. The home called about four months later and informed him that a room was available for his brother. However, when the administrator learned of the Downs syndrome diagnosis the brother was informed that the admission was canceled. The brother argued that the home knew of his brother’s Downs syndrome from the paperwork submitted to the admission director and had the physician’s diagnosis of advanced dementia. The home was wrong to deny residency.

The Ombudsman contacted the administrator of the home and learned that the home has a policy that states that they cannot accept a person with a developmental disability. The Ombudsman informed the director that the policy is discriminatory against individuals with developmental disabilities. Furthermore, if an individual meets the level of care required for admission to a nursing home, as determined by an assessment conducted by a state authorized agency, then the individual has the right to admission to a nursing home that is licensed to meet their care needs.

The Ombudsman advocated that the home change its policy to eliminate the automatic denial of admission to a person with a developmental diagnosis. The Ombudsman proposed that the home perform an in-person assessment to determine if the person’s care needs can be met prior to adding them to a waiting list. The administrator had not fully realized the impact of the policy and, with the recommendations of the Ombudsman, will conduct a thorough review and revision of their admissions policy.

Then the home assessed the brother with advanced dementia and Down syndrome and determined that they could meet his care needs in their specialized dementia unit. Shortly after the assessment, the brother moved into his new home. A few weeks passed when the Ombudsman received a copy of the new admission policy and admission procedure that included the recommendations of the Ombudsman. The brother was pleased to learn of this change as it will significantly benefit others who may be in the same situation.

The Ombudsman Column, a production of the Joint Office of Citizens’ Complaints, summarizes selected problems that citizens have had with government services, schools and nursing homes in the Dayton area. Contact the Ombudsman by writing to the Beerman Building, 11 W. Monument Avenue, Suite 606, Dayton 45402, or telephone (937) 223-4613, or by electronic mail at ombudsman@dayton-ombudsman.org or like us on Facebook at “Dayton Ombudsman Office.”

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