The Herald Sun

Samantha R lawsuit may improve behavioral care

- BY LUCIANA PEREZ URIBE GUINASSI lperezu@newsobserv­er.com

About a decade ago, Dana and Tim Rhoney found themselves locked in battle with the state after struggling for years to get needed services for their daughter Samantha, who has a moving disorder and an intellectu­al disability.

“The only thing that we were asking for was just some additional service hours to have the workers to come in and give me relief in taking care of my daughter,” who is an “extreme self-abuser,” Dana told The News & Observer.

The Rhoneys would have caregivers come to their home through the N.C. Innovation­s Waiver, a backlogged state program that provides access to a wide range of behavioral health services for those who qualify.

But their regional mental health office — officially, Local Management Entity/managed Care Organizati­ons, which administer the waiver program — started cutting Samantha’s services, putting them all at risk, said the Rhoneys.

After two rejected appeals of denials of care through the state’s office of administra­tive hearings, the Rhoneys had to admit Samantha at the age of 27 into the J. Iverson Riddle Developmen­tal Center, a stateopera­ted developmen­tal center in Morganton, they said. She was there for over seven years.

Lacking funds for an attorney, Tim said he had to represent Samantha’s interests in court both times. And both times, “There was not any talk about, ‘Hey, we’re going to give you the services to keep her in your home,’” he said.

These struggles led the Rhoneys to work with the legal advocacy group Disability Rights North Carolina, which filed a lawsuit in 2017 that became known as the Samantha R. case. Disability Rights NC argued that the failure to provide access to communitya­nd home-based behavioral health services violated the rights of people with disabiliti­es.

The state Department of Health and Human Services and Disability Rights NC are on the brink of entering into an agreement for the state to improve services.

“Even though our daughter is very challengin­g, she also is very vibrant and social. She loves to be around other people when she’s doing well and not having her behaviors,” said Dana.

At the institute, “Samantha was not able to access community so her ability to enjoy life and prosper and flourish was being dampened,” she said.

AGREEMENT DETAILS

Lisa Grafstein, an attorney with Disability Rights and a Democratic senator representi­ng Raleigh, told The News & Observer that Superior Court Judge Allen Baddour indicated that he would approve the consent order between the state and Disability Rights NC.

The agreement follows mediation between DHHS and Disability Rights NC after DHHS appealed an extensive order issued by Baddour in 2022.

 ?? TRAVIS LONG tlong@newsobserv­er.com ?? Dana Rhoney spends time with her daughter Samantha, who has a moving disorder and an intellectu­al disability, at their home near Claremont on Tuesday.
TRAVIS LONG tlong@newsobserv­er.com Dana Rhoney spends time with her daughter Samantha, who has a moving disorder and an intellectu­al disability, at their home near Claremont on Tuesday.

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