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Beranda / Album / Tag Heritage House 11
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ADAPT (28)
[Headline] Alter Nursing Home Rules Colorado legislators came face to face recently with what many observers consider one of the major concerns in the nursing home field: the need for some individualization of treatment groups within facilities. Residents of the youth wing at Heritage House, 5301 W. 1st Ave., told lawmakers that for many months they had been encouraged to make remarkable progress toward self determination and varying degrees of independence. But late in 1974 the situation deteriorated into custodial and repressive care, resulting in deep bitterness between staff and patients and loss of self confidence by the patients, they said. At first, the problem seemed to revolve around personalities of two former youth wing coordinators and whether one could communicate more effectively with administrators than the other. But it developed during the hearing that there were indeed some apparent moves by administrators to intimidate staff members who had provided transportation to the hearing for several disabled young persons and their beds and wheelchairs. During an angry and tearful exchange, legislators learned that officials at the nursing home had “withheld” the time cards of staff members who, when off duty, had transported the young residents to the hearing. Those officials received a stern warning from Rep. Wellington Webb, D-Denver, chairman of the House Committee on Health, Environment, Welfare and Institutions, that their attitude was unacceptable and would be dealt with. Beyond the immediate clash at Heritage House, a deeper problem more reflective of the problem throughout the nursing home industry arose. Administrator Tom O'Hallaran explained the home is required to meet rigid federal and state standards that don’t take youth wings into account. One official suggested that the youth wing be reclassified to fit into a different regulatory category. But neither does that category address specifically programs for young persons. The biggest villains are the state social services department and state legislators, who together decide how much money young and old persons need for nursing home care, suggested Sandy Anderson, a welfare caseworker in Jefferson County. In a strongly worded appeal, she said geriatric staffing patterns and programs aren't adequate in a youth wing and per diem funding isn't sufficient. Miss Anderson’s point was the crucial one of the day. Different types of patients with differing needs shouldn't be mixed, yet that is the prevailing practice. A visit to almost any nursing home will find young and old, mental patients and senile retirees, able and disabled, and those needing custodial care and those who are bedridden mixed indiscriminately. The result is misery for patients and inefficient services from the nursing home staff. While it is obvious that officials at Heritage House have attitudinal problems to work out, it is also clear that the larger problem needs to be seriously addressed by the legislature. Colorado lawmakers should make sure that state rules are changed to allow differential treatment and should take their concerns to officials in Washington who administer federal funding and regulation systems. The change must occur all the way to the highest level of regulation.
ADAPT (11)
The Denver Post Denver Post PHOTO: A thin young man (Mike Smith) lies in bed wrapped in sheets. His long dark hair is laid out on the pillow above his head, and his dark eyebrows, beard and moustache frame his features. He looks with a burning intensity up and someone (mostly out of the picture), who is holding a book. caption reads: MIKE SMITH WATCHES AS AN ATTENDANT READS SOME OF HIS POEMS. He is confined to bed at Atlantis Community, which was plagued by foulups. [Headline] MIKE SMITH'S' DREAM [Subheading] Atlantis Battles Delay, Foulups By FRED GILLIES Denver Post Staff Writer "Realize...Realize..." The words came in a strange, guttural tone from the young man lying semiconscious on the bed, breathing life-giving oxygen through tubes running from a tank nearby. Mike Smith, 21, had been severely drained by the ravages of muscular dystrophy, his grim companion since birth. Yet, early last week as Mike lay unconscious for the third day, he seemed to radiate a private kind of peace and serenity in this small bedroom overlooking a busy Denver highway. Realize. . . For Mike Smith, realization of the promise and the hope of freedom for himself and seven other handicapped persons came when they became the first residents of the Atlantis Community, opened June 1 at the Las Casitas Housing Development in southwest Denver. At Las Casitas, in a pioneering experiment in personal fulfillment, they reside in their own apartments, set their own rules, and, as far as the handicapped can, manage their own lives. Gently, an attendant stroked Mike’s forehead, bent near him and whispered words which only he might have heard. His mother, Mrs. Joanne Davis, stood nearby and said Mike had “come home” to the place where he wanted to be, to the freedom he had sought so long for himself and other handicapped persons. But a threat to this hard-won freedom arose shortly after Atlantis was started. Mike and four other handicapped persons at Atlantis found they had become victims of the slow-moving, computerized bureaucracy of the federal Social Security Administration. And unnecessary hardships and worry had been created for the Atlantis residents by on incredible delay on the part of the U.S. postal system in Denver and the acknowledged poor judgment of a Lakewood nursing home. Mike and the four other Atlantis residents were depending heavily on their Social Security checks to pay for their food, rent, attendants’ services and other expenses at Atlantis. But these checks didn't arrive on time early in June. Atlantis officials obtained some emergency financial help, partly through Denver's food stamp office, but it wasn't enough. And one day early last week, an attendant at Atlantis was trying to plan a dinner meal which he hoped would cost about 40 cents for each Atlantis resident. But it shouldn't have come to this point of desperation. [Subheading] PLANNED CAREFULLY Mike, other Atlantis residents and staff members had planned carefully for this major change in their lives. In mid-May, they had contacted the Social Security Administration in Lakewood, detailing their plans and indicating they would be leaving their nursing home and beginning a new way of life. This change would make them eligible for higher Social Security payments to meet their increased expenses. Social Security officials in Lakewood accepted this information for input in the administration's national computer. And at that time, a Social Security official at the Lakewood office also advised the handicapped persons to file change-of-address cards with the Denver Post Office. If this were done, the official said, the handicapped persons' Social Security checks would be sent on time to Atlantis, rather than being held up at the nursing home which most of the eight handicapped persons would be leaving June 1. Wade Blank, Atlantis‘ co-director, took completed change-of-address cards for all future Atlantis residents to the South Denver postal station, three days before the changes were to take effect. And a South Denver postal employee said there should be "no problem" in forwarding the handicapped persons' Social Security checks to Atlantis early in June. [Subheading] SYSTEM FAILED But from that point, the system failed miserably. Four Social Security checks for Atlantis residents weren't forwarded to them at their Atlantis address early this month, but went instead to their old address at the Heritage House Nursing Care Center in Lakewood. A Heritage House clerk, although aware of the handicapped persons move to Atlantis, sent three of the checks back to the U.S. Treasury in Birmingham, causing computer delays [unreadable] in issuance [unreadable] checks. [unreadable] Social Security [unreadable] up at a garage [unreadable] street from Atlantis. This check either had been addressed incorrectly at Heritage House or delivered by the postman to the wrong address. An employee at the garage [unreadable] carried the check to Atlantis. [unreadable]the long postal [unreadable] involving the [unreadable] change of address cards. It took 13 days [unreadable] cards to make the 10 min journey from the South Denver postal station to the Belmar station by way of the post office's Terminal Annex. At Belmar, employes didn't follow postal regulations and send these cards immediately to Heritage House. This was not done until June 12, after an Atlantis representative contacted Belmar postal officials about the check delays. Responding to Denver Post inquiries, postal officials said they couldn’t explain the 13-day delay. [Subheading] RETURNED CHECK Another handicapped person, at Heritage House and then at Craig Rehabilitation Center before coming to Atlantis, didn't receive his Social Security check for June because Heritage House sent his May check back to the U.S. Treasury. This action placed the handicapped person's file "in suspense"- delaying issuance of future checks. Local postal and Social Security officials have told The Post they are -"distressed" over these situations. "It shouldn't have happened... I agree with this 100 per cent," said Thomas O'Halloran, administrator at Heritage House. But he said the Heritage House clerk was “just following my orders" to return checks to the sender when no forwarding address is available. However, O'Halloran acknowledged that the clerk knew of the Atlantis project and knew that the former Heritage House residents had gone to Atlantis. The clerk's judgment to send the checks back to the U.S. Treasury, rather than to Atlantis, "was not proper at that time," O'Halloran said. [Subheading] EVERYTHING 'COVERED’.. Everett Caldwell, branch manager of the Social Security office in Lakewood, said he thought “everything was covered" when the change-of-address cards were filed with the post office for the Atlantis residents. "We thought their checks would simply be forwarded," he said. But when the checks went to Heritage House, the nursing home should have contacted his office, Caldwell said." "And we should have clued in Heritage House—but we didn't do it,” Caldwell added. He acknowledged that Atlantis residents had given him data in time to make their increased Social Security payments. But Social Security's national computer, he explained, is set up so that it couldn't accept this data until June 1. when the change in the handicapped persons’ living status was to take effect. And that means about a 16-day delay before the checks arrive, he said. The Denver Post Office “knows that something went wrong, but we don't know exactly what it was," said Dick Sealer, the post offices Denver district director for customer services. By the time the change—of-address cards had been delivered tardily by the post office to Heritage House, “the damage had been done"- the checks had been returned to the Treasury, Sealer conceded. [Subheading] STEPS TAKEN Officials at both federal agencies and at Heritage House said late last week that steps have been taken to prevent a recurrence of this situation, and lapses in procedures will be corrected. Meanwhile, through Caldwell’s persistent efforts, three of the Atlantis residents have received part of their Social Security payments for June and other payments are expected to be made soon. Caldwell said, however, that he wished Atlantis had informed him sooner about the check delays. Because of those delays, Atlantis, still in in a precarious financial situation, according to Linda Chism, the project' accountant, funds that Atlantis [unreadable] to its recent drive for founder members were exhausted recently in paying Atlantis attendants’ salaries, she said. And she stresses that there still is a desperate need for donations from other persons who wish to become founder members of Atlantis, headquartered at 1232 Federal Boulevard. [Subheading] MIKE'S BATTLE For Mike Smith, it is a touch-and-go battle. Early last week, he regained consciousness and greeted his mother, with a cheerful “Hi, Mom!" By late last week, Mike still was confined to bed at Atlantis and still was using an oxygen tank to ease his breathing. Other medical assistance was being provided to Mike. But no matter what happens, Mike said then, Atlantis will succeed, because persons in this group have the driving desire to make it succeed. This intense desire is reflected in much of the highly imaginative and deeply moving poetry Mike has written over the years-- poetry which fills five notebooks. In the opening of one of these poems, Mike wrote of a final journey. But there also is something here which tells of his strong and enduring commitment to Atlantis and to those working so hard for its success. In this poem, Mike wrote: “I feel my spirit surging inside, Speeding and whirling along, Like a mighty March wind, blasting into April, Making the trees bow low for the royalty of the wind. Like a child of innocence, I see my dream before me. And I shall surpass any mountain, or ill or death itself . . .“ Photo Denver Post, David Cupp: A woman (Linda Chism) sits in a power chair with a lap board. Her short legs are extended straight in front of her and covered with cloth. She has a big smile, or laugh on her face. Caption reads: LINDA CHISM LAUGHS AS SHE ENJOYS A SPRING DAY. She says delays put Atlantis in precarious situation.
ADAPT (1764)
IF HEAVEN ISN'T ACCESSIBLE, GOD IS IN TROUBLE by Tari Susan Hartman Reprinted from Incitement, A publication of Atlantis/ADAPT [This article appears in ADAPT 1764 & 1773 but is completely included here for easier reading.] ADAPT mourns the loss of one of our greatest leaders, Wade Blank, and his son Lincoln. while on a family vacation in Todos Santos, Mexico, Lincoln got caught in an ocean undertow. Wade swam out to save him and both drowned on February 25th, 1993. They are survived by Wade's wife Molly and daughters Heather and Caitlin. Ironically, Wade died in the same way he lived swimming out into the face of hostile under currents, and giving his life to help others fight for theirs, Those who have come to national ADAPT actions remember in the early days Lincoln rode along on Wade's back. Later, he walked by wade's side while Caitlin rode. with his elfish smile, Lincoln quietly drank in all the action at demonstrations, vigils, planning meetings and anything else that came up in his dad's activist life. while other kids play "doctor" or "house", Lincoln played "rally." Wade was born December 4, 1940 in Pittsburgh, PA. After attending an all white high school, he travelled with Dr. Martin Luther King Jr. to Selma on a dare by a black college roommate. His experiences there taught him the deep oppression perpetuated by our "civilized" society. Once he graduated college, he served as pastor of a church just outside of Kent, Ohio that became the underground meeting place for the Students for a Democratic Society, SDS. After the Kent State killings, he returned to get a masters degree from McCormick Theological Seminary and was ordained a Presbyterian minister. Burnt out on his past activism and organizing, he moved to Denver and began working in a nursing home. with years of civil rights, war on poverty and antiwar organizing experience, he could not ignore the oppression he found there. So he began to deliver Dr. Martin Luther King Jr.'s dream of freedom directly to the doorstep of the disability ghetto: the nursing home. In 1971, while on staff at Heritage House, a Denver nursing home, Wade tried to work within the system to dignify the lives of the young disabled residents. A recent ABC—TV movie with Fred Savage entitled "When You Remember Me" chronicled this story. Wade and the resident's efforts were doomed to fail, but they gave birth to a better alternative. In 1974 Wade founded the Atlantis Community a model for community-based and consumer controlled independent living center named for the lost continent of Atlantis, those easily forgotten and dismissed. The first members of Atlantis were those young adults incarcerated in Heritage House, from which Wade had been fired. Forgotten by the system and often by their families, these individuals were not forgotten by Wade as he began to liberate them from the nursing home into the Atlantis Community. Years later Wade and attorney John Holland masterminded a $32 million lawsuit against Heritage House nursing home for obstruction of justice and violation of civil rights. The case went all the way to the US Supreme Court. Today many of those original nursing home residents are raising families in homes they now own. In 1978 Wade and Atlantis realized that if people with disabilities were to truly live independently, they would need, and should have a right to, accessible public transportation. On July 5-6. 1978 a "gang of nineteen" disability activists and Wade held their first inaccessible bus hostage in the Denver intersection of Broadway and Colfax. Late that night Wade was surprised when US Congresswoman Pat Schroeder handed him a doughnut and a cup of coffee. Atlantis‘ decision to take the fight for lifts on buses to the national level soon led to the birth of ADAPT (American Disabled for Accessible Public Transit. ADAPT was the nation's first direct action, grass-roots movement of disability activists and mushroomed in over 30 states, Canada, Sweden and England. Like the freedom riders of the 60s, ADAPT's struggle for accessible public transit became a national battle cry of the 80s. Over the course of eight years of biannual national demonstrations throughout the country, hundreds of ADAPT activists and their families and friends were arrested for their beliefs and commitment to ensure civil rights for all disabled citizens. Twelve years after the first bus seize, the Americans with Disabilities Act, ADA, mandated lifts on buses. ADAPT's street chant "access is a civil right" echoed in the halls of Congress, as politicians became increasingly aware that ADAPT and the disability rights movement fully expected ADA to be passed as landmark civil rights legislation. ADAPT organized the "wheels of Justice" march in March of 1990, and Wade played a key role. It was a call-- to— action that galvanized the disability rights movement to demand swift passage of ADA with no weakening amendments. Over 1,000 disability rights activists from across the nation joined forces with ADAPT to demonstrate to the world that they were to be taken seriously. On the second anniversary of the signing of the ADA (July 25, 1992), the city of Denver and its Regional Transit District commemorated that historic event by dedicating a plaque to Atlantis/ADAPT and the "gang of nineteen" who held the first bus. Wade refused to have his name engraved on the plaque, but his silent tears at the dedication ceremony revealed the depth with which he felt the issues of disability rights. He had left his mark forever etched in the foundation of our civil rights movement. In 1990, when it was clear that ADAPT had successfully led and won the fight for accessible public transportation with the passage of the ADA, wade and other national ADAPT leaders convened to plot their next course of action. There was little question for anyone what that next issue would be. ADAPT transformed its mission and became "American Disabled for Attendant Programs Today." Together, ADAPT and wade returned to the scene of one of society's most heinous crimes the warehousing of 1.6 million disabled men, women and children. These disabled Americans committed no crime, yet were and still are, interred against their will, in nursing homes, state schools and other institutions. They are used as the crop of industries like the nursing home lobby, physicians and their conglomerate owners who continue to get rich by robbing our people of their fundamental civil, human and inalienable rights to life liberty and the pursuit of happiness. Most of us are spectators sitting on the sidelines of life, learning history from books. Wade, was an active participant in over three decades of political organizing. He taught others how to create and record their own destiny. A brilliant strategist, he helped shape the tide of the disability rights movement. Yet Wade was never too busy to roll up his sleeves and assist someone with attendant services, push or repair a chair or drive a van. He stood up for what he believed in and expected others to do the same. In his Pursuit to free others from the chains of oppressions he was arrested 15 times and proud of it! Several weeks ago Wade Blank's story, including the development of Atlantis and ADAPT, was officially accepted into the National Archives. Wade, a passionate Cleveland Browns fan, was a loving husband, daddy, friend, organizer and leader. He valued and encouraged the unique contributions that each of us has to give to ourselves, each other and the world around us. We honor his contribution, value his friendship, and grieve the loss of our beloved friend and colleague. Wade was one of the few non disabled allies of the disability rights movement who understood the politics of oppression. At times through the years, his leadership role was questioned, but he never lost sight of the vision, nor lacked the support of those he was close with. Photo by Tom Olin: Wade Blank and Mike Auberger sitting on either side of the plaque honoring the Gang of 19. Caption reads: Co-Directors Wade Blank and Mike Auberger reflect on the past decade of organizing and activism.
ADAPT (35)
3 fold Pamphlet/Brochure which continues in ADAPT 36. First panel: ADAPT Free Our People Logo RAMP BY RAMP [Headline] A guide to Disability Rights Landmarks in Denver Although the disability rights movement still has a long way to go in achieving full equality, it can boast many victories. Denver’s spirited activists lent momentum to the disability rights movement and led to many triumphs. This brochure provides a guide to some landmarks... proving that the longest march can be won —- ramp by ramp! [Subheading] Bus-Blocking Plaque SE Corner, Broadway & Colfax The plaque on this corner celebrates the nineteen disabled activists who blocked inaccessible buses overnight on July 5, 1978. This began the campaign for lifts on Denver's public buses. The Regional Transportation District (RTD) made the commitment to full access in June, 1983. All buses in Denver are now lift-equipped and useable by everyone, including people with disabilities. This struggle for civil rights culminated in the passage of the Americans with Disabilities Act in July, 1990. Second panel: [Headline] Where it all began... [Subheading] the former Heritage House West 1st Ave. & Sheridan The nursing home at 5301 West First Avenue was the former residence of the founding members of the Atlantis Community and ADAPT. ln 1975, when they attempted an “exodus” to live independently in their own homes, they found that Colorado would not provide any personal attendant services outside an institutional setting. The people of Atlantis went to the state legislature to demand provision of in-home services, thus beginning the independent living movement in Colorado. Atlantis became the second independent living center in the country. The former nursing home inmates sued Heritage House for mistreatment and denial of civil rights (Smith vs. O’Halloran). After a 12 year court fight, a settlement was reached, awarding thirty disabled individuals a total of $3.2 million. With this victory, federal Medicaid officials were forced to design minimum standards of care and services for residents of nursing homes — the OBRA Act. The beginning of the Atlantis Community was dramatized in the 1990 ABC-TV movie, “When You Remember Me." Your tax-deductible donations are welcome, and go to the advancement of civil right for people with disabilities. For more information please contact the Atlantis/ADAPT office. Third panel: [Headline] Atlantis/ADAPT (American Disabled for Attendant Programs Today) 201 S. Cherokee - Denver, Colorado 80223 303-733-9324 The Atlantis/ADAPT office now serves as both an independent living center and a national training center for disability rights activists. ln 1975, when Atlantis was founded, there was no office — only a dream that all people had the right to live free from institutions. Atlantis, an independent living center, provides personal attendant services and other supports necessary to enable people with all types of severe disabilities to live, work and play in their community. ADAPT, a national grass-roots disability rights movement, was founded in 1983. ADAPT led and won the national fight for wheelchair accessible public transportation. On July 26, 1990, lift-equipped buses became mandatory when President Bush signed the Americans with Disabilities Act (ADA), the world's first comprehensive civil rights bill for people with disabilities. ADAPT now leads the campaign for a national program of attendant services and for the demise of the nursing home industry. ADAPT believes that with in-home assistance, no one needs to live in a nursing home. Visitors to the office can read news clippings, watch videos of ADAPT, learn about disability rights history and strategy, and consult with the staff and volunteers who have forged Denver into THE NATION'S MOST ACCESSIBLE CITY! Call 303-733-9324 or FAX 303-733-6211. TDD users call 303-733-0047 [Brochure continues in ADAPT 36 with map and more highlights]
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Charismatic Figure Absent - The Denver Post - Friday, August 2, 1974 PHOTO Denver Post photo by Bill Peters: Two thin young men with longish hair wearing sleeveless shirts sit facing a desk in front of them. On the other side, an older man with glasses in shirt sleeves and a tie (Gov. Vanderhoof) faces the two and the camera. One of the guys in wheelchairs has a poster-sign on the back saying "The handicapped are people too! Support [unreadable] RALLY!!! [unreadable]. Caption reads: Gov. John Vanderhoof talks with Gary Van Lake and Vic Stifel. The two men were in group of handicapped persons who visited the governor Thursday. [Headline] Wheel-Chair Group Gets Capitol Sympathy by Rykken Johnson A group of handicapped persons in wheel chairs looking for a “charismatic” figure to champion their cause for better care didn't find one in the governor’s office Thursday. The group, called The Organization of Disabled Adults and Youth (TODAY), met with a shirtsleeved Gov. John Vanderhoof for about 40 minutes to discuss problems faced by handicapped individuals and ways to reduce the difficulties. TODAY asked Vanderhoof for his support in channeling more state funds to improve staff and facilities at nursing homes and institutions for physically, mentally and emotionally handicapped persons. [Subheading] SYMPATHETIC EAR The governor listened solemnly, said he sympathized, reported that the state has been making strides for handicapped persons and will continue to do so, thanked the group for coming and told its members to drive carefully on the way home. None of the wheel-chair visitors as much as smiled at the sendoff from the governor's office. Outside, a couple of them replied with a flat no to a question if they thought they had found a leader for their cause. The meeting with Vanderhoof concluded a two-day rally by about two dozen individuals in wheel chairs from Heritage House and other nursing homes. The rally took place in front of Services, 1575 Sherman St., and the State Capitol. The organization, through seven members who met with Vanderhoof, didn't help its efforts by tying its plea to the employees’ strike at the Colorado State Hospital in Pueblo. Vanderhoof and other state officials have been battling with the strikers and their union for more than a week over pay for the state hospital staff. Although the state gained a court injunction on grounds the strike is illegal, some hospital employees Friday were still observing the walkout. TODAY spokesman Vic Stiefel, 29, told Vanderhoof that TODAY backs the strikers because the organization feels staffing is inadequate and pay too low at state institutions and that state reimbursement through state-administered Medicaid is too skimpy for private nursing homes like Heritage House to be effective. But the governor couldn't make the connection between pay and reimbursements, saying the dispute in Pueblo is a budgetary consideration and the nursing home difficulty a welfare consideration. Furthermore, Vanderhoof said, the state has made a “tremendous movement” to overcome architectural barriers against disabled persons and also is trying to influence the federal government to loosen its guidelines on Medicaid. The governor continued that under his program to restructure state government he is trying to get the state to deal more effectively with problems of the handicapped. [Subheading] 'NOT FAR ENOUGH’ Vanderhoof said the state "has come a long way over the last 8-10 years, but we haven't come far enough or fast enough". He said he would "pledge himself to problems of the handicapped. “We are moving in the proper direction but it's not going to happen overnight", he added. Later, in the governor‘s office, Wade Blank, a Heritage House employee who accompanied the disabled individuals said TODAY members were enthusiastic about chances that Vanderhoof will support “a good medical program." Blank disagreed that pay at institutions and reimbursements at nursing homes aren't connected, as Vanderhoof contended. "No matter what he says,” Wade said, “the state sets the reimbursement rate for the money a home gets.” He said one of the major problems at homes is that staff pay is low, that it doesn't go up very fast and that aides "burn out” in a few months and leave.
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Edition USA/Colorado ADAPT seeks home care for all by Kerri S. Smith A national disabled persons’ advocacy organization based in Denver has launched a campaign aimed at moving people from nursing homes to home care. American Disabled for Attendant Programs Today (ADAPT) has at short-term goal: to re-direct 25 percent on the government's annual nursing home care budget. That money—estimated at $5.5 billion federal money and $5.5 billion from state coffers-would fund a national home care program instead. Under the ADAPT proposal, nursing home residents whose care is covered by Medicare or Medicaid could live at home. The government would pay home are attendants to care for them, rather than paying the facility. ADAPT spokesperson Mike Auberger said the group seeks “the ultimate demise of the nursing home system," and contends that paying an attendant to provide home care for a person usually costs less than nursing home care. In theory, the ADAPT plan would spend government money more efficiently-the same money would be used to care for more people who need assistance. The government is not enthusiastic about the idea, and a local nursing home industry spokesperson said ADAPT's demands are unrealistic. Auberger said Health and Human Services secretary Louis Sullivan declined to meet with ADAPT representatives. "We've been going back and forth with them, and the outcome is he doesn't meet with radical groups," Auberger said. And Arlene Linton, executive director of the Colorado Health Care Association (CHCA), said moving nursing home residents out of facilities “would isolate many of them from the community. “They'd also be without the 24-hour-care and rehabilitative services provided in nursing homes," Linton said. CHCA is the local branch of the American Health Care Association, which represents the nursing home industry. Linton added that ADAPT "is talking dollars, not people. Some residents have outlived their family and friends, and need the support a nursing home offers." A national campaign to publicize ADAPT's proposal began Jan. 15. Members demonstrated at government offices (including Health Care Financing Administration offices) and nursing homes in 24 cities. Auberger said media coverage was minimal, due to the Persian Gulf Crisis. Locally, ADAPT representatives demonstrated in Lakewood at Bethany Care Center. In the mid-'70s, the facility was operated by different owners and was known as Heritage House. Conditions at that time sparked a 13-year lawsuit over nursing home residents’ rights. The Federal Omnibus Reconciliation Act (OBRA) of 1988 also addressed quality of life issues for nursing home residents. The bill became effective Oct. 1, 1990. ln 1974, former Heritage House residents joined with Denverite Wade Blank and others to form the Atlantis Community, a local home care agency that currently cares for 135 people in Denver and Colorado Springs. Later, Atlantis Community leaders founded ADAPT. The group mobilized the civil rights movement for disabled persons, and ultimately affected the way nursing homes are inspected and regulated nationally. Auberger claims many current nursing home patients don't require intensive medical care, and "end up there only because they're out of money or their families can't care for them." Linton said CHCA met with ADAPT representatives twice to discuss the attendant proposal, "but they rejected our request to form a task force to find common ground." While Linton endorses home care as “a part of the long-term care continuum," she called the ADAPT proposal “robbing Peter to pay Paul. "We cannot support the concept of lowering funding for nursing home patients, to set up another funding to attendant services," Linton said. “We need new, additional funding for that." Recent federal budget cuts may make additional funding unlikely, at least in the near future. Atlantis and ADAPT are determined, however, and they are prepared for a long campaign.
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Denver Post [This article goes with photo in ADAPT 89] [Headline] Wheel Chair Delegation Accuses Board of Ignoring Them Howard Pankratz, Denver Post Staff Writer A 17-year-old crippled girl Tuesday told the board of the Regional Transportation District (RTD) it cost nine handicapped adults in wheelchairs $90 to take a four-mile trip to a Denver Bears baseball game at Mile High Stadium last summer. Her testimony and that of other Denver handicapped individuals highlighted a public meeting at which the RTD was accused of not caring about the handicapped and elderly. By the time the meeting ended board members voted not only to intensify their efforts to help the handicapped but to do everything in their power to see that 120 new buses the RTD hopes to buy have facilities for the elderly and impaired. The board authorized chairman John Fleming Kelly, to file an application with the U.S. Department of Transportation (DOT) for a $12.4 million grant to finance purchase of the 120 buses; and to build a new bus administration and maintenance facility and 100 bus shelters. At the meeting at the Colorado Highway Department building, it was obvious the board was moved by the presence of approximately 40 persons in wheelchairs, some who accused board members of not being “sincere” in their efforts to help the handicapped. [Subheading] NOT SURE OF CARE “I want to make sure we take care of these people,” board member Leo F. Sullivan, declared near the close of the session. “From the remarks I've heard tonight, I'm not sure we are." John Harper, another board member, assured the group that the RTD is sincere but he acknowledged that he thought maybe the RTD might have been a "bit-remiss" in regard to the handicapped and “could do a better job." The most moving testimony of the night came when Inez Regge, severely crippled and confined to a wheelchair, told of how nine adults from the Heritage Nursing Home had to pay $10 each to attend the ball game. “That is high by any standard, but for these young people whose total income was approximately $20 a month, it was exorbitant," she said. “There have been similar ‘rip offs’ in the past, including a $92 fare for one young man going from Heritage House downtown-and back." She said not all private companies who provide such services to Denver's handicapped are “mercenary,” but overhead forces them to keep their rates high. Until Sept. 7, the day Denverites approved the RTD bond issue, she said “there didn't appear to be any transportation alternatives for most of Denver's disabled. [Subheading] COMMITMENT SOUGHT But she said that a commitment by RTD officials prior to the bond election to provide bus service to the handicapped, plus a provision in the Federal Transportation Act which says special effort must be made to accommodate the handicapped on mass transportation, gave them an alternative. Miss Regge said Denver has one of the highest percentage of handicapped people in the country because of the large number of facilities here. “It is the goal of the handicapped community to see to it that all public transportation is accessible to the handicapped," she said. John D. Simpson, RTD executive director, said RTD had hired Al Coulter of the Denver Board for the Mentally-Retarded and Seriously Handicapped, Inc., to try to find out about the transportation needs of the region's elderly and handicapped. But he said RTD and Coulter had run into a business community which had refused to give the agency help in locating the handicapped. “We have been unable to ascertain where handicapped people want to travel to and from,” Simpson said. “There is some real difficulty in talking to companies — and we have approached half a dozen of the major employers - who have handicapped employees. “They either say ‘We don't know who they are' or ,‘We do know, but we don't want to tell you.'" Les Berkowitz, representing the Citizens Advisory Committee on Transportation for the Handicapped, reminded the RTD that not only does the organization have a moral and philosophical obligation to the handicapped, but also a “specific, expressed requirement” under federal statute. He quoted a public law which directs “that special efforts shall be made in the planning and design of mass transportation facilities and services so that the availability to elderly and handicapped persons of mass transportation which they can effectively utilize will be assured." Berkowitz, sitting in a wheelchair a few feet away from the 15 board members, said despite RTD assurance it is interested in the handicapped. “we have some reason to believe that RTD is not entirely sincere in its efforts." Although seeking assistance from a citizen’s task force, he said RTD has expected from that task force, composed entirely of volunteers, “far more than we can be reasonably expected to give.” He said the volunteers have had little or no training in the collection of data or research design. Further, he alleged that Coulter had only been hired for a 60-day period. While Denver's handicapped community asked that the RTD do more, a wide variety of spokesmen enthusiastically backed RTD's $12.4 million federal government application. They said the buses which the money would buy would do everything from helping alleviate Denver's air pollution problem to providing a badly needed form of economical transportation. State Rep. Richard Lamm, D-Denver, said that after Denver “won the dubious distinction as one of the nation's six most polluted cities.” the Colorado legislature created RTD and charged it with developing a transit plan. “Tonight we are here to publicly discuss the first and a vital phase of this plan -- the early action bus program,” he said. “RTD will be able to improve bus service by more than 60 percent in the region with this one capital grant alone. That, to me, is an important first step toward cleaning up the environment." Gordon Appell, principal planner for the Denver planning office, read a statement by Mayor Bill McNichols in which McNichols said the demand for public transit in the Denver area “has reached almost emergency proportions." McNichols noted that in January, the Denver Metro Transit system had 1.9 million passengers, a 22 per cent increase over the same month a year ago. He forecast that the number of passengers may exceed 25 million this year. Thus, he said, the money for the buses is imperative.
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[Headline] Heritage House Sued: Funds Violations Charged by Linda Cayton Attorneys for the Senior Citizens Law Center have filed suit in U.S. District Court charging the administrator and owners of Heritage House Nursing Care Center in Lakewood with illegally misappropriating and withholding personal needs money of patients, inadequate care, and intimidating and threatening residents who seek legal counsel. Officials of the Department of Health, Education and Welfare; Colorado Department of Social Services; and the Colorado Board of Health were also named as defendants for failure to enforce federal and state regulations governing nursing homes. The civil action represents a class action suit prompted by complaints received by the Legal Aid Society from the chief plaintiff, Patrick Smith, a 20 year old multiple sclerosis patient. Smith, a Medicaid patient, receives $25 per month from the Federal Supplemental Security Income (SSI) program to cover his personal needs. Early this year, Smith suffered a total respiratory breakdown and entered a local hospital. According to facts set forth in the lawsuit, while Smith was hospitalized, Thomas O'Halloran, administrator of Heritage House, instructed a bookkeeper to forge an “x” on Smith's SSI check. The check was endorsed, cashed, and credited to Smith's personal needs account. When Smith returned to the nursing home, O'Halloran informed him that his SSI check was unavailable. Later, Smith was informed that his check had been endorsed and cashed. Smith filed a complaint with the Legal Aid Society concerning the forgery. When attorneys informed O'Halloran of the complaint, he confronted Smith, calling him "despicable" and “ungrateful," and issued a week's eviction notice to him. Later, Smith's calls for nursing assistance went unanswered for some time and he was denied access to his medical files. In April, O’Halloran met with Assistant Colorado Attorney General Tony Accetta. According to Accetta's signed affidavit, O’Halloran admitted authorizing the forgery of Smith's signature in the belief that Smith would die before returning to Heritage House. O'Halloran also admitted circulating a memo stating that he did not “welcome harassment and threats from the legal profession” and explained that he threatened Smith with eviction because he did not want lawyers going through patients’ records. The suit charges O’Halloran and the owners of Heritage House with violating the Fifth and Fourteenth Amendments to the U.S. Constitution by depriving patients of the rights to manage their monies, to seek legal counsel, to adequate and proper medical and psychosocial treatment and care, to timely and adequate notice and opportunity for a hearing prior to a transfer from the facility and to access to their medical files. Casper Weinberger, Secretary of the Department of Health, Education and Welfare; Henry G. Foley, Executive Director of the Colorado Department of Social Services; and Edward Dreyfus, Director of the Colorado Department of Health were charged in the lawsuit with non-enforcement of the U.S. Constitution and those laws applicable to skilled nursing facilities. According to federal regulations, a nursing home patient should either manage his personal financial affairs or be given a quarterly accounting of financial transactions made on his behalf; be encouraged to exercise his rights as a patient and as a citizen with the right to voice grievances and remain free from reprisals; and be transferred or discharged only for medical reasons, or for his welfare, and be given advance notice of the transfer. State officials are charged with refusing to revoke or enforce Medicaid agreements or licenses of nursing homes that violate patients’ civil rights or provide inadequate care; inspecting nursing homes only once a year and giving prior notice of those inspections to the facility; and refusing to establish procedures for the management of patients’ personal needs money. Owners named in the civil action are Oscar Gross and H. Sol Cersonsky, general partners of Heritage House Associates; and Jack D. Feuer, a limited partner of Heritage House. Also named are limited partners M.J. Beitscher, Harry Berman, Bernard Ceronsky, Louis L. Fox, Howard D. Greyber, Martin Gross, Soloman Gross, Arnold Heller, Barry B. Melnick, Manuel Nash, and Johnny M. Weinreich.
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Heritage House Herald, Vol.1, No.4 January 1974 [Access symbols on either side of the masthead] PHOTO: Three men sit together. In the left foreground Glenn Kopp sits slightly in front of the other two, smiling almost laughing. Beside him in the middle is Wade Blank with his long blonde hair and a slight smile. On Wade's other side, Lee is leaning in happily laughing a toothless laugh. All three men are wearing glasses. Caption reads: Glenn, Wade, Lee [Headline] YOU'VE GOT A FRIEND by Judy Serfoss You may not be aware how unique a facility our youth wing is. It is the only one in the state with a special program designed for young people. If it were not for youth wing, we would all be in geriatric nursing homes with no concessions made for our age and needs. We would no longer be able to go to ball games, or concerts, or movies, or the Spaghetti Factory. We are extremely fortunate to have a home like this, and the one person most responsible for the creation and continuation of youth wing is Wade Blank. Wade was born in Pennsylvania in 1940, and after graduating from high school he attended Muskingum College in Massillon, Ohio, where he received a bachelor's degree in English with a minor in psychology. After he graduated from college, he worked for a while in a car wash before enrolling at MacCormac Theological Seminary in Chicago, Illinois, where he received his master’s degree in Theology, Study of Counter Culture, Drug Abuse Counseling, and Community Organization. His studies at MacCormac were financed by an anonymous grant of $5,000 from Canton, Ohio. Wade was ordained as a Presbyterian minister and had churches in Columbus and Akron, Ohio from 1966-1969. He became disenchanted with organized religion and its organized hypocrisy, so in 1969 he took a job as the Director of Poverty Progress for the Office of Economic Opportunity in Twinsburg, Ohio, from 1969-1970. Soon after the completion of that job, Wade moved to Denver. He got a job as a chaplin-orderly at Alpine Manor nursing home where he became friends with one of the directors, Tom O'Halloran. When Tom quit to become the director of Heritage House, he offered Wade the job of Youth Wing Coordinator. Wade accepted and began the Don Quiotean tank of battling the bastions of bungling bureaucracy. Being an administrator is not an easy job for an idealist, but Wade was determined to change the kind of care nursing homes offered young people. He stubbornly persisted with his innovative ideas and slowly began to change the whole spirit of youth wing. In the words of Mrs. Barkley, head nurse on the wing, “I think We are very lucky to have Wade. He has made youth wing what it is. We are all very appreciative, even though we don't always show our appreciation.“ The kind of man Wade is can be best illustrated by the comments of those who live and work with him: Geneva Sanchez: "Wade cares, he really cares, and he works so hard. Sometimes I feel sorry for him. He gets all the blame when things go wrong, and none of the credit when they are right." Neal Shaffer: "Wade works hard." John Torrez: "Wade - tough and strong." Don Clubb: “Wade's OK!" Brenda Cooke: "Swell guy, especially when you are feeling down. He always makes time to listen. Funny, and a bit conceited, but I guess all of us have a little conceit in us." Barry Rosenberg: “I have learned more from Wade than from anyone, like his belief in people and his love of life and people. Wade celebrates life, and he's always willing to lay his neck on the line for a friend." In my own case, l was utterly lost when l came to Heritage House and very withdrawn. Wade made a special effort to talk to me and hear my problems. Then he took the initiative in getting me enrolled in school and back into life. Wade is one of the most unselfish men I have ever known. He is totally dedicated and is personally involved in the lives of each and every resident in youth wing. It is an overwhelming commitment, and one which Wade makes unhesitatingly. We all owe Wade more than any of us probably realize. l think we should all make a point in the next few days of saying thanks to Wade and letting him know how much we appreciate what he has done for us. Remember: When you're down and troubled, and you need some loving care just call his name and he'll be there. You've got a friend, you've got Wade. [Headline] Mountain Peak by Mike Smith The snow came swirling down from the mountain peaks, blinding our way up the path. The mountain peaks looked cold and uninviting, in a way, a threat. . . My hands and feet were cold, but my soul was warm, and so was yours. . . And so in that cold and distant place two souls came together to form one. . . So this was love that which man is always searching for.
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[Headline] Handicapped Pin Hope on Atlantis By Sharon Sherman Denver Post Staff Writer The word "activist' once scared a group of young Handicapped Denverites. But after almost two years of wheeling themselves onto picket lines, sitting through meetings with government agencies and speaking out about the problems of being shunted out of the mainstream of society, they agree that the term activist describes what they have become. And they are proud of it. "At least we're actively trying to do what we can instead of sitting back and wishing', is the way Carolyn Finnell, 31, sees the new role of many physically handicapped young people. [Subheading] Buses for Handicapped Carolyn, and others like her in the handicapped community, helped convince the Regional Transportation District to begin adding buses equipped for the handicapped. They have testified at various hearings about problems of the disabled. [TEXT UNREADABLE] They are among the principal planners of the Atlantis Community, a project which would offer the physically handicapped many types of residential living arrangements with services they need available nearby. Carolyn, who has cerebral play which confines her to a wheelchair and distorts her speech, said it was hard to "face speaking out" to rooms full of strangers, but that living with other young adults at Heritage House Nursing Home youth wing has "brought me out a lot." [Subheading] Stayed Inside Shell If Mike Smith, 20, had had his way, he would have stayed inside his shell of poetry writing, reading, and discussing philosophy and listening to music. "I don't like being in politics, but it seems that's the way we have to go,'' Mike explained. " I guess you have to lose a little to get a lot.'' Linda Chism, 27, believes that for the first time, there are enough young disabled people ready and willing to push themselves forward, to speak out, that there is a chance of changing the entire lifestyle of the handicapped. For Mike Smith, those changes may come too late to be enjoyed. [Subheading] Depressed, Angry Mike has muscular dystrophy, a fatal disease. He has spent the past five years in nursing homes, living in one where, at 15, he was punished for breaking rules and being sent to the locked ward for 24 hours at a time. Finally, lonely for friends his own age, depressed at watching his elderly roommate die of cancer, angry at rules which confined him to the small world of the nursing home, Mike attempted suicide. "Luckily, I had no idea how to go about it," he remembers. "I took 20 bowel softener pills and instead of dying just created an incredible mess." For Mike, as for Carolyn, the youth wing at Heritage House is infinitely better than what they had before. But, Mike points out, once the first door that closes any human being away from the rest of the world is opened, that human being will see other doors to open. So it has been for Carolyn, who counted fishhooks for five years in a sheltered workshop before someone recognized her potential. [Subheading] Wants Meaningful Job Now, with a degree in journalism from Community College behind her, Carolyn wants some other things she's not getting out of life. Things like a meaningful job, an apartment of her own where she won't have to keep half her belongings in boxes under the bed, the privacy to entertain friends. "I'm probably living a more active life than I ever have before", she said, explaining that she now edits the youth-wing newsletter and is learning braille so she can tutor blind students. Having come so far, Carolyn's not willing to stop here. Neither is Linda Chism, who has had crippling rheumatoid arthritis for 20 years. Linda has "suffered a lot of surgery and a lot of hard, hard therapy" to become fairly mobile. She has taken three years of courses in biology and psychology at the University of Colorado. She was even offered a full-time job. [Subheading] System Inflexible But the system doesn't allow even the disabled who are capable of supporting themselves to do so, Linda said. If she was paid even minimum wage, she would earn too much and would lose her Social Security benefits. But it would take much more than a minimum wage salary to pay living expenses plus the $150 a month it would cost her to get to work and back. In addition, she would no longer receive Medicaid assistance, and medical bills for someone in Linda's condition are enormous. "Who's going to pay a beginner with no experience that much money?" she asked. [Subheading] Innovative Projects For now, for these and other physically handicapped young adults, the boundaries of their world still don't go far beyond the nursing home walls. But those boundaries will expand dramatically if the young disabled can find support for two innovative projects. One is Project Normalization, a one year pilot study to find out what services young people in nursing homes need to live as normal a life as possible. The project would be conducted at the young wing of Heritage House and is estimated to cost $241,872. The state Department of Social Services has suggested that the pilot project be run by the Department of Physical Medicine of the University of Colorado Medical School. Members of the department now are investigating that possibility. [Subheading] Denied Normal Life "Disabled people are often denied any resemblance of a normal life," the project introduction says. "Because of the segregation they encounter, and the sheltered nature of their early lives, when they reach young adulthood they are incapable of functioning satisfactorily in society and so are banished to nursing homes where the repressive, nonstimulating and socially undemanding environment serves only to multiply their social inadequacies and further depersonalize them. As its creators see it, Project Normalization would begin to to prepare handicapped young adults for the kind of independent living they hope Atlantis will someday offer. [Subheading] Create a Community Atlantis is an ambitious project, planned by a group of both handicapped and able bodied persons, which would create a community of residential units surrounding a hub housing medical, rehabilitative employment, counseling, homemaker, transportation, food and social services. The goal of the community will be to "provide needed services while respecting the individual resident's freedom and privacy," according to the project booklet. For some of the prospective tenants of Atlantis, that goal can't be realized too soon. "I just sort of wish they'd hurry, " said Mike Smith. "Some of us have fatal diseases, you know, I only have two or three years to wait. "
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Rocky Mountain News Mon., March 22, 1976, Denver, Colo. Banner Headline for story. PHOTO on left of headline: Head and shoulders shot of a young man (Michael Smith) with dark hair, pulled back in ponytail, dark beard and moustache. His head is tilted slightly to one side and he is smiling a bit. Caption reads: Michael Smith. He had a dream; He prayed that He would walk again someday. But someday never came. [Headline] Late poet a plaintiff in nursing home case Page 5 [Banner headline in ADAPT 44. Story starts here in ADAPT 45 and continues in ADAPT 46, but the entire text is included here for ease of reading.] Late poet was plaintiff in nursing home lawsuit By Jonathan Dedmon, News Staff Michael Smith was a poet. A victim of muscular dystrophy, Michael wasn't able to hold a pen, however. Weighing less than 100 pounds, one of the few physical tasks he was able to perform was to turn the pages of the many books he read. He would keep stanzas of poetry stored in his head and wait for friends or staff at the Heritage House Nursing Home in Lakewood where he lived to have free time so he could dictate his verse. A former aide remembers when she would be busy caring for patients and Mike would say, "Got to write." "We'd say, ‘Sorry, Mike‘ Don‘t have time.‘ A lot of his poetry was lost." In addition to being a poet, Mike also was an idealist. Because of what friends say was that idealism, in spite of the fact Mike died in October at the age of 21, he lives on not only in a published book of his poems but also in a giant legal battle in U.S. District Court. THE BATTLE COULD have a large impact on the care of handicapped patients in nursing homes throughout the country since it attacks the entire method of delivering health care. The suit, in which Mike was an original plaintiff, charges nursing home patients routinely are being denied their rights and even fundamental medical care, contrary to the wishes of Congress in its Medicaid law. U.S. Judge Richard Matsch currently is considering how much jurisdiction the federal court has in the case. But already a number of patients and nursing home employees have come forward with a series of affidavits which are a litany of patient abuse. The charges are leveled primarily against the former Heritage House Nursing Center in Lakewood, which since has been sold and is operating under new management and a new name. The suit’s allegations range from patients not having the colostomy bags changed to failure of the staff to provide any rehabilitation efforts. THE NURSING HOME attorney and a part owner deny the charges which are contained in a half dozen affidavits filed with the court. Pam Malpass worked as an aide from August 1974 to February of last year. Here are parts of her affidavit: “People were punished sometimes by having their wheelchairs turned off, cut their mobility (sic). Wheelchairs at Heritage House were constantly in disrepair and falling apart leading to weekly crises. Paul Brae, a Heritage House resident, fell out of his chair because it was falling apart and crawled under his bed and said he was (sic) [not] going to come out until he got a new wheelchair [cut off] we procured for him with some difficulty. Bowel programs for a number of residents weren't maintained properly resulting in infections. Colostomies and catheters weren't cleaned properly or regularly also resulting in infections for a number of patients. I also often observed that colostomy bags and catheters improperly were connected to the people that needed them with the result that they leaked and backed up." Michael Ray, an orderly from May 1974 to January of last year, said in his affidavit that on at least a dozen occasions, he made marks with a felt-tipped pen on patients’ dressings on open bed sores to make sure they were being changed twice a day as they should have been. “Each time when I looked, a day later, sometimes longer, the dressings I had put on with the markings were still there. The unclean sores lead to more serious complications and infections. During the six months I was working at Heritage House I never saw a doctor." FAILURE TO MAINTAIN a bowel program can lead to bowel poisoning and even to surgery. Mark Biles was impacted for three weeks while I was there necessitating an elaborate program of oral laxatives, suppositories and enemas to give him relief. The owners and the administrators always met suggestions or requests from the staff on behalf of patients residing there with the remark that they cost too much or if you don't like it why don't you get the hell out. “The only time that Heritage House was concemed about the cleanliness of the home was when the state inspection team announced it would appear.” ACCORDING TO JOHN Holland, who heads a team of Legal Aid attorneys working on the case, “We're saying that when Congress established Medicaid, it intended to create a real system of delivering high quality medical care to poor people, not a system that couldn't deliver for a significant number. The benefits aren't getting there.” A particular target is the U.S. Department of Health, Education and Welfare (HEW), which is charged with making sure nursing homes comply with federal standards to insure high quality health care. Legal Aid, which is reluctant to say too much about the case because it is pending, feels HEW merely established a “paper compliance" system whereas Congress wanted a compliance system to “see benefits and rights delivered and prevent the kinds of injuries and deprivations of rights alleged in the suit." THE SUIT NAMES every rung in the bureaucracy which participates in the provision of nursing home care, ranging from the owners of Heritage House to the state Department of Social Services and HEW. In addition to asking for monetary damages, the suit also seeks an injunction prohibiting deprivation of medical care and patient rights. The rights include proper medical and psychosocial treatment and care, the right to seek legal counsel and manage personal monies, the right to voice grievances and the right to adequate notice and opportunity for a hearing prior to transfer, among others. It also asks HEW to come up with a decent system of enforcing compliance with such federal laws. Because of the complex nature of the suit, it already has become a “paper nightmare," according to Holland, and a “paper war,“ according to Heritage House attomey Bob Eberhardt. THE PLEADINGS STAND some two feet high and the court hasn't decided jurisdiction yet. Perhaps one of the most damning affidavits filed so far is by Janice Jacobson, a former administrator of Heritage House. “Heritage House was filthy, cockroaches had infested the entire home (with the exception of the kitchen). The walls wene very dirty and an odor of urine permeated the air. “Flies were everywhere. They present a particular problem to those persons who are bedfast or paralyzed because they can't swat the flies from their faces or bodies. “Temperature controls were broken. Zone control valves which control the room temperature were corroded either open or shut so that the rooms were unbearably hot or cold. “INDIVIDUAL CARE PLANS are either totally inadequate or not existent." “Patients who had to be fed were degraded by impatient orderlies who constantly hurried them along faster than they could comfortably go on the pretext of there not being enough time to feed them." “Staff would get angry with people for having something wrong with them like uncontrolled bowels." “Lots of patients would never get dressed every day. The staff didn’t like to take the time to dress them. By keeping patients undressed a general institutional goal of keeping them in bed and more inactive was more readily achieved. “It was not uncommon for people who did get dressed to not be undressed but rather to sleep in their clothes. l received complaints from one family that one of the male patients there had the same clothes on for weeks. They knew because the same spot was on his shirt for three weeks." “Visitors and relatives often complained that their relatives or friends hadn't received baths or showers for weeks." “It was reported to me by nursing staff the director of nursing believed physical correction of resident misconduct was permissible and that she employed a technique of having persons she decided were misbehaving placed in cold showers." “The call button system at Heritage House often wasn't working and when it was, working staff very often didn't respond to calls. There was one incident while I was there where family members called in and said they heard their mother was dead. The nurse had to go down to the room to see if this was so. The woman had been dead for several hours." Mrs. Jacobson says, in her view, Heritage House was “warehousing people, not delivering health care." "Residents had no more rights than children and the official view was that the staff knew what was best for them and if the patients didn't think we were doing everything right or what they needed they could just leave." Management expressed this view often. “PATIENTS WERE KEPT tractable and quiescent by intimidation and medication. Encouraging people to be as normal as they can be is the essence of good nursing care. It was not done at Heritage House.“ In response, Heritage House attorney Eberhardt said the accusations are “totally untrue and completely without foundation. You can't cross-examine affidavits. The truth will come out in the trial. “ He also points to the affidavit of Allen Buckingham, regional director of the HEW office of Long Term Care Standards Enforcement. Buckingham stated his office never received any complaints concerning the allegations. Oscar Gross, former part owner and also a defendant, said he never would have been able to keep his license if the allegations were true. In addition, he said his home was the only home to provide a wing specifically for handicapped youths and he even received two awards from the wing. “We tried to do our best," he said. He also offered to take the News to the home to interview patients about conditions. He said his wife still visits patients. Gross sold the home in February and it now is under new management. Gross said he sold the home simply as “a business transaction.“ Before Michael Smith died last year, he testified at one hearing on the case. “He already felt he had won," recalled Mrs. Malpass.