Press Contacts:
Vanessa Barrington, Communications Director, Justice in Aging
vbarrington@justiceinaging.org
Erin Brock, Communications, Public Justice Center
brocke@publicjustice.org
Monday, April 28— On Tuesday, April 22, a judge in the United States District Court for the District of Maryland granted class certification in Irene Conner, et al., v. Maryland Department of Health, et. al., and denied Maryland’s motion to dismiss the case.
A group of nursing facility residents with disabilities and mobility impairments filed the lawsuit against the Maryland Department of Health in May 2024. The suit alleges that by failing to investigate complaints and conduct annual surveys of nursing facilities as required by law, the state is violating federal non-discrimination laws protecting people with disabilities.
The class consists of at least 9,000 residents of nursing facilities who have disabilities with mobility impairment, and live in nursing facilities that operate under the oversight authority of the Maryland Department of Health. Class members rely on nursing facilities for assistance with toileting, eating, mobility, and personal hygiene, yet they are often left unattended for hours in soiled linens and clothing, with their calls for help going unanswered. Many are not able to get out of bed or leave their rooms unless staff assist them, and some remain confined to their rooms or beds for weeks or months.
At the time the lawsuit was filed, the state had failed to conduct annual surveys of over 80% of nursing facilities and had not investigated even half of the more than 13,000 complaints received over a three- year period. The state’s lack of action robbed residents of dignity, denied them essential care, and risked their health and lives, in addition to violating state and federal laws that govern Medicare and Medicaid-funded facilities.
In Tuesday’s court order, the Court found that the state must comply with the Americans with Disabilities Act (ADA) in administering its nursing facility oversight functions, recognizing that residents with mobility related disabilities in nursing facilities experienced unique harms when the state failed to ensure that their nursing facility met quality standards.
“The residents at my nursing facility need each unit fully staffed, better communication between residents and staff members, and more accountability for staff when residents receive poor care,” said Irene Conner, a plaintiff in the case. “I hope that the court’s decision will lead to more oversight from the state to ensure these things happen.”
“I know first-hand what harm looks like. Seniors, like my sister, bear the brunt of neglect and abuse from staffing shortages in nursing homes and also in the Office of Healthcare Quality Assurance. As a result, poorly-managed nursing homes have been unexamined and without consequences for years,” said Karen Maricheau, a family member of a deceased resident.
“Maryland’s nursing facility oversight system doesn’t work for residents with mobility related disabilities. When Office of Health Care Quality doesn’t come and doesn’t investigate complaints, horrible conditions are left to fester. Since the case was filed, one representative plaintiff, referred to in the complaint as Herman Dressel, passed away. He and all the other Residents deserve better,” said Regan Bailey, Litigation Director at Justice in Aging.
“Marylanders in nursing facilities have been neglected for years. We are grateful that the court has recognized that ‘the lack of oversight and enforcement by MDH … caused [residents] harm and put them at risk of greater harm.’ Our loved ones deserve timely attention when they are in pain and not receiving the care they deserve. We hope this step forward in our lawsuit will compel the state to comply with their legal obligations to oversee nursing facilities,” said Sam Williamson, Attorney, Public Justice Center.
Plaintiffs are represented by Justice in Aging, the Public Justice Center and Arnold & Porter. Access case documents and related news stories here.
Justice in Aging is a national organization that uses the power of law to fight senior poverty by securing access to affordable health care, economic security, and the courts for older adults with limited resources. Since 1972 we’ve focused our efforts primarily on fighting for people who have been marginalized and excluded from justice, such as women, people of color, LGBTQ individuals, and people with limited English proficiency.
The Public Justice Center (PJC) is a not-for-profit civil rights and anti-poverty legal services organization which seeks to advance social justice, economic and racial equity, and fundamental human rights in Maryland. Our Health and Benefits Equity Project advocates for policies and practices that are designed to eliminate economic and racial inequities and enable every Marylander to attain their highest level of health.
