Greenwich Time

Home care agency files suit against DSS over policies

- By Daniel Tepfer

BRIDGEPORT — A local home care agency claims in a federal lawsuit that two state social service agencies are complying with requests by Medicaid home health care recipients not to send to homes staff of particular races and/or national origins.

The Center for Transition­al Living, which has offices in Norwalk and Farmington, states in its lawsuit that when it refused to implement the discrimina­tory staffing requests, clients were no longer being referred to the home care agency.

“The practice of allowing discrimina­tory staffing requests by Medicaid recipients enforces structural racism and hurts the hardworkin­g people in the home care industry,” said Jeff Farmer, a principle in CTL.

The lawsuit, filed by Milford lawyer David A. Slossberg, names as defendant the state Department of Social Services, the state Department of Mental Health and Addiction Services and Advanced Behavioral Health, a Middletown behavioral healthcare agency. The lawsuit, which requests a jury trial, seeks a permanent injunction to prevent the defendants from “engaging in discrimina­tion” as well as unspecifie­d damages and fees.

“We are still gathering the facts, and it’s too soon to comment on the particular­s of this case. Of course, the state does not condone and cannot tolerate illegal discrimina­tion in hiring or employment,” said DSS Spokesman David Dearborn.

Advanced Behavioral Health declined comment.

DMHAS contracts with Advanced Behavioral Health, DSS is the overall administer­ing agency for Medicaid in Connecticu­t.

According to the lawsuit, the state has contracted with Advanced Behavioral Health to administer a program in which community-based services are provided to assist Medicaid beneficiar­ies to live in the community and avoid institutio­nal care.

But Advanced Behavioral Health routinely “complied with discrimina­tory requests by Medicaid home health care recipients not to send staff of particular races and/or national origins,” the lawsuit states.

“It is hard to believe that Advanced Behavioral Health as well as State of Connecticu­t agencies condoned and continued to allow requests that only Caucasian staff be selected to assist individual­s with cleaning, household chores and transporta­tion,” Slossberg said.

The lawsuit states that because of “ABH’s discrimina­tory conduct, CTL has been deprived of its rights to equal protection of the law guaranteed under the Fourteenth Amendment to the United States Constituti­on.”

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