Suit charges state put off treatment plan

PORTLAND – A lawsuit filed Friday on behalf of three developmentally disabled adults seeks to force two state agencies to do a better job of providing services under the Medicaid program.

Even after qualifying for assistance, the plaintiffs have faced delays of a year or more for housing and behavioral or occupational services, said William Knowles, lawyer for the plaintiffs.

“These waiting lists are impermissible,” said Knowles, who plans to seek class action status in U.S. District Court.

The lawsuit was filed on behalf of Kathy Rancourt, 49, of Dayton; Sarah Saucier, 21, of Scarborough; and Amber Schwendeman, 23, of Fort Fairfield.

Rancourt has been waiting for group and foster home services for more than a year; Saucier has been waiting for residential or occupational services for more than a year; and Schwendeman has been waiting for behavioral and social services since August 1999, the lawsuit states.

The lawsuit, which contends the state is required by law to offer services in a “reasonably prompt” manner, cites a “general pattern and practice of delayed, inadequate and-or unreliable services.”

Because of the delays, the three have failed to develop skills needed for independent living, have regressed since leaving school and rely almost entirely on relatives for support, the lawsuit said.

Named as defendants are Department of Human Services Commissioner Kevin Concannon and Lynn Duby, commissioner of the Department of Mental Health, Mental Retardation and Substance Abuse Services.

This is not the first lawsuit to attack the state’s efforts when it comes to providing Medicaid services.

In June, children’s advocates went to federal court charging that hundreds of poor children were awaiting in-home mental health services despite the state’s promise to provide those services under the Medicaid program.

The new lawsuit says 1,000 developmentally disabled adults are not receiving timely services.

It asks a judge to find the state is violating the plaintiffs’ rights by failing to provide necessary services in a timely manner, and by failing to adopt policies to ensure that services are being provided in a timely manner.

It also asks a judge to require the state to provide information on a quarterly basis so the plaintiffs can monitor progress.