Young man with disability able to continue receiving support services in his own home

The federal court in Chicago recently ruled in favor of Eric Radaszewski in a lawsuit against the Department of Healthcare and Family Services director for failure to provide in-home, round-the-clock nursing care (Radaszewski v. Maram, No. 01-C-9551 (N.D. Ill.).

Eric Radaszewski is a young man with severe medical needs who receives 16 hours of in-home nursing care. His parents provide an additional 8 hours, but are aging and won't be able to do so indefinitely. When he turned 21, the state attempted to lower Eric’s care to 5 hours per day. Radaszewski’s parents claimed that if Eric’s service hours were lowered, he would be forced into a nursing home or hospital, which would violate his right to receive services in the most integrated setting appropriate to his needs under the Americans with Disabilities Act and the Olmstead v. L.C. Supreme Court Decision.

As a result of this decision, Eric will continue to receive services in his own home. This case has positive implications not just for Eric and his family but for other people with disabilities who have significant service needs. To learn more about the case, contact the Civil Rights Department at Access Living or Equip for Equality.