The Vermont Supreme Court recently ruled that the state Human Services Board must reconsider its decision denying a man with disabilities access to services he is entitled to.
The individual, who has autism and a seizure disorder, was supposed to receive 30 hours of care per week from Washington County Mental Health Services.
However, since the onset of the Covid-19 pandemic in 2020, he has only been receiving between two to five hours of care weekly.
For over 20 years, the plaintiff had received home and community-based developmental disabilities services.
The court’s ruling, authored by Justice Nancy Waples, noted that designated service agencies, including Washington County, have reported significant staffing challenges, with high vacancy and turnover rates affecting care delivery.
Initially, the plaintiff petitioned the Human Services Board for relief, but the board denied the request, claiming it was too vague and that it lacked the authority to order the Vermont Department of Disabilities, Aging and Independent Living DAIL to act on his claim.
However, the Supreme Court disagreed, stating that compliance with an order for services is straightforward to determine and that staffing challenges do not make the order unclear.
The court emphasized that while it does not directly compel the state to provide care, DAIL has a legal obligation to ensure that community services are made available to individuals with developmental disabilities, citing state law that mandates the provision of these services.
Barbara Prine, the plaintiff’s attorney from Vermont Legal Aid, expressed gratitude for the court’s recognition of the difficulties faced by individuals unable to access necessary medical care, highlighting that her client’s health has suffered due to isolation.
She noted that the staffing shortages among agencies have forced many providers to reduce services, and Legal Aid has received calls from others in similar situations.
Prine hopes the ruling will prompt the state to intervene and increase funding for these agencies, as a study indicated that low wages are a significant factor contributing to workforce turnover.
She emphasized that the Human Services Board should act as a safeguard when services are not adequately provided.
The Vermont Department of Disabilities, Aging and Independent Living declined to comment, and both the Human Services Board and Washington County Mental Health Services did not respond to requests for comments following the ruling.