Intermediate Care Facilities Need Your Help
February 10, 2023 Update*
On February 10, 2023, the court granted a stay in the Samantha R. ruling, temporarily stopping the order while the state’s appeal moves forward. The stay is an important first step in ultimately reaching a better outcome for guardians and individuals who need ICF services. Because a final, permanent ruling will only be determined after appeal, we will continue to actively champion ICF services to ensure an ICF admissions ban never goes into place.
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APPEAL
On November 30, 2022, the North Carolina Department of Health and Human Services (DHHS) appealed the order and asked for a temporary stay, in large part due to the ICF admission ban imposed by the ruling. While the hearing on an appeal is likely at least a year way, a hearing on the stay has been scheduled for February 3, 2023.
In addition to the appeal, DHHS offered a plan to ensure that the state continues to invest in a broad array of services for people with I/DD and that offers families and individuals choice. DHHS understands the vital role that ICFs play within the I/DD community and the significant support ICFs have from families and individuals served. You can read DHHS’s statement and alternative plan here.
About the Cause
INITIAL RULING
Emily has been an individual served at Horizons Residential Center for four years and she loves it! She enjoys being social and interacting with the other people who live there. Dr. Frank Moyer, her father, does not consider Horizons Residential Center to be an institution. He sees it as her home and strongly believes the ruling should be reversed.
The Families
Meet the Moyers
Jennifer Shigley has been in three different group homes operated by the Tammy Lynn Center. If this ruling goes into effect, the admission ban will force the Tammy Lynn Center, and facilities like it, to close. Due to Jennifer’s increasing need of nursing, physical therapy, occupational therapy, and more, she needs the proper care that only an intermediate care facility can provide.
Julie Haskett’s son, Woody, is on the waitlist to be served by Tammy Lynn Center. Julie believes an ICF setting is the best place for her son. If the center were unable to accept future admissions, they’d both be directly impacted by the ruling because she is his sole caregiver. Before the ruling goes into effect, she encourages everyone to come see how TLC’s individuals are living and how helpful the center is to their day-to-day life.
Meet The Shigleys and The Hasketts
Shera’s niece, Nyje, is one of the 30 children served at Tar River. Shera does not know what she would do if Tar River were to close, especially considering she is not in the best of health herself. Before the ruling goes into effect, she encourages lawmakers to come and sit with the children so they can see how much of a positive impact the ICFs have had on their lives.
Meet The Edwards
Audry and Randy Edwards were looking for a home for their daughter Laura, and Carobell is just that. They consider it to be comfortable, safe, and secure. Since being a resident, the Edwards family dynamics have improved and Laura is happier than ever.
Meet The Edwards
Email Kody Kinsley, the Secretary of the NC Department of Health and Human Services: kody.kinsley@dhhs.nc.gov
Let him know you support lifting the ICF admission ban and support DHHS’s appeal of the Samantha R. ruling.
3 Ways You Can Help
Contact your local representative in the legislature. Not sure of your congressional district or who your member is? Find them here.
Spread the word to families, guardians, individuals served, providers and lawmakers.
Start with a post! Be sure to include #ICFsNeedYourHelp to help share this important cause across social media.
Get in touch.
Has the November 2022 ruling impacted you or someone you know? Have questions or general inquires? Fill out this form and someone from our team will reach out.