The Maryland Office of Administrative Hearings has reversed a decision by the Maryland Department of Health, Developmental Disabilities Administration (DDA) that now opens the door for Brown, Goldstein & Levy’s 25-year-old client to live in the community in the way he chooses. Managing Partner Sharon Krevor-Weisbaum, represented her client who requires assistance with all aspects of daily living due to muscular dystrophy. Because this young man uses a BiPAP at night and a CoughAssist device twice a day, DDA deemed him ineligible for community living in a licensed setting without skilled nursing on-site.
Our client currently resides in his family home with his parents but wanted to move into a community setting where he can enjoy greater independence and live with peers through a licensed program. DDA rejected his choice and determined that “the level of care and equipment needed” was beyond the scope of what is delegable to non-licensed professionals. The home our client wanted to live in has staffing twenty-four hours/day but no nurse on site.
The Office of Administrative Hearings held that DDA was wrong in rejecting the request for community placement. The Judge found that our client’s treating physicians and community nurses were well versed in the needs of this young man and that DDA was incorrect in its belief that on-site nursing was necessary. Our client himself was a persuasive advocate and understood his needs and desires; the Judge clearly appreciated his testimony in ruling that our client’s needs could be successfully met in a community licensed setting without on-site nursing.
Sharon Krevor-Weisbaum who fought hard on behalf of her client takes great pride in her role as Managing Partner of Brown, Goldstein & Levy while continuing her active practice on behalf of a varied client base. She remains a passionate and forceful advocate for individuals with disabilities and their families who confront barriers in education, high-stakes testing, employment, housing, and accessing state and federal services and supports. In partnership with others at Brown, Goldstein & Levy, Sharon works to provide her clients with the legal talents that will best serve their needs, whether through advocacy, education, litigation, or negotiation. Sharon looks forward to continuing to share her extensive experience, passion, and sense of justice with her clients and welcomes others to consider her as their legal advisor.