Chayet & Danzo, LLC Chayet & Danzo, LLC www.Coloradoelderlaw.com
Law Pay

Call for a Free Initial Consultation

Direct 303-872-5980
Toll-Free 888-472-1088
Email Us

COVID-19 NOTICE:

After careful review of the COVID-19 environment, the law firm of Chayet & Danzo, LLC, will be conducting in-person appointments in our offices on a limited basis and with strict social distancing protocols.

During this time, our team will continue to diligently work remotely on all client matters and will maintain communication through email, telephone, and video conferencing. Our main office number, (303) 355-8500 will continue to be answered during our normal business hours of 8:00 a.m. to 5 p.m. Monday - Thursday and 8:00 a.m. to 4:00 p.m. on Fridays.

This decision to have limited appointments in-office while following strict social distancing protocols is in the best interest and health of our team, clients and community.

We will continue accepting new clients during this period as well as fully servicing our existing clients.

We wish you and your family continued health during these unique and challenging times.

Compassion, talent and dedication: guiding colorado families and Their Trusted Advisors During Times of Need

Federal bill would help disabled, elderly live in community

At our law firm, we assist clients with securing and planning for safe and appropriate residential services for loved ones with limitations like those caused by older age, physical and mental disability, and mental health problems. In Colorado and across the country, securing quality housing and support services for people who need assistance because of these conditions has been and continues to be challenging.

Careful financial planning is needed to preserve eligibility for public benefits, but another serious obstacle is the wait listing of applicants for benefits and the shortage of appropriate housing for these populations. For example, a Colorado state website provides detailed information about the Medicaid “waiver” programs available that pay for residential services, including information about our waiting lists.

The average wait time to receive waiver services in our state is five to seven years.

Proposed bill would make housing in community for those with disabilities a civil right

On July 29, Disability Scoop reported that H.R 555, the Disability Integration Act of 2019, which would ban wait lists for these people and make community-based living a legal and civil right, has been sitting in two committees of the U.S. House of Representatives since January. The bill has a long list of sponsors from both parties, including Colorado representatives:

  • Rep. Ed Perlmutter, D-Arvada
  • Rep. Diana DeGette, D-Denver
  • Rep. Jason Crow, D-Aurora
  • Rep. Scott Tipton, R-Cortez
  • Rep. Ken Buck, R-Windsor
  • Rep. Joe Neguse, D-Lafayette
  • Rep. Doug Lamborn, R-Colorado Springs

The aim of this proposed legislation is to move people out of institutional settings into community-based care, which in most cases is less expensive and more beneficial for quality of life. The bill would forbid states and insurance companies that pay for these services from having wait lists, limiting cost or creating policies that would prevent community placements. In essence, these are anti-discrimination in housing provisions.

The proposed law responds to a 1999 U.S. Supreme Court case, Olmstead v. L.C., which interpreted the Americans with Disabilities Act as establishing the right of a person with disabilities to receive residential and support services in their community instead of in an institutional setting.

Legal remedies

Violations of the legislation would entitle the aggrieved individual to sue the state or insurer for a violation or potential violation of the act in federal court. The court may appoint an attorney for the individual free of cost. Potential remedies include:

  • Money damages for compensation for losses
  • Punitive damages to punish the wrongdoer
  • Court order (permanent or temporary injunction) to keep the person out of an institution or to provide or continue community-based services
  • Recovery of legal costs and attorney’s fees

In addition, the U.S. Attorney General would have enforcement powers that would include bringing a lawsuit in which the court can order relief, a change in policy and substantial fines.

In the U.S. Senate, co-sponsors Sen. Charles Schumer, D-N.Y., and Sen. Cory Gardner, R-Colo., introduced the Disability Integration Act, which has also been in committee since January. Advocates for the elderly and disabled will watch the progress of this bill in Congress with concern.

No Comments

Leave a comment
Comment Information

Watch Our Firm Video

We are the premier Elder Law firm in the Colorado region. We set ourselves apart from other law firms in the area with our talent, dedication, compassion and ability of our attorneys to handle any case in Elder Law. We serve Colorado families with experience and dignity in your time of need.

View More Videos

Denver Office
650 S.Cherry St., Suite 710
Denver, CO 80246

Toll Free: 1-888-472-1088
Phone: 303-872-5980
Fax: 303-355-8501
Denver Law Office Map

Edwards Office
105 Edwards Village Blvd.
#D-201
Edwards, CO 81632

Toll Free: 888-472-1088
Toll Free: 1-888-472-1088
Fax: 303-355-8501
Edwards Law Office Map

Aspen Office
600 East Hopkins Avenue
Suite 301
Aspen, CO 81611

Toll Free: 888-472-1088
Toll Free: 1-888-472-1088
Fax: 303-355-8501
Aspen Law Office Map

  • Rated by Super Lawyers Macro Chayet SuperLawyers.com
  • Rated by Super Lawyers Frank J. Danzo, III  SuperLawyers.com
  • Member National Academy of Elder Law Attorneys, Inc. TM
  • Avvo Rating 10.0 Superb Top Attorney Elder Law
  • 2015 Five Star Professional Wealth Manager Multi-Year Winner
  • Our new 2015 Medicaid Book: how to protect your Family's Assets from devastating nursing home costs
  • Peer Review Rated For Ethical standards & Legal Ability TM Martindale Hubbell