Several Upstate residents with mental disabilities have sued the governor and two state agencies in Greenville federal court over controversial cuts to their in-home care, claiming the devastating reductions are forcing people into institutions in violation of federal law.
The residents, identified by first name and last initial, allege in the suit that Gov. Mark Sanford and the state Department of Disabilities and Special Needs, as well as the agency that administers its Medicaid programs, have discriminated against them by cutting off their social life and causing their isolation in residential facilities that will ultimately cost more taxpayer money.
DDSN spokeswoman Lois Park Mole and Sanford spokesman Ben Fox said they couldn't comment on pending litigation.
The lawsuit, filed by Columbia attorney and DDSN critic Patricia Harrison and Spartanburg attorney Kenneth Anthony, hinges on a U.S. Supreme Court decision that said the unnecessary institutionalization of people with disabilities is a form of discrimination under the Americans with Disabilities Act, the suit said.
The court verdict required the disabled to be served in the community when appropriate, when it can be reasonably accommodated and when the person doesn't oppose it, the suit said.
The cuts in question took effect in January after months of emotional public hearings in which people said it could force them out of work to care for loved ones, or end up pushing the disabled into state-funded institutions.
The cuts eliminated services such as speech therapy and physical therapy while capping adult companion, in-home respite and nursing care, the suit said.
The agency has said it had no choice, given state budget reductions.
However, Harrison said the services the state will now have to provide to replace their care will be "far more expensive."
Far more massive service cuts were proposed last month in an initial draft of a House budget but eventually were sidestepped when legislators said they would use a temporary extension of stimulus-related funds to maintain current levels of care - but that more cuts are still likely down the road.
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