What To Do When Healthcare Facilities Discriminate Against You

1. Discrimination against people for any reason is wrong and illegal. People         frequently call me with stories of obvious and blatant discrimination and             want to know if they should file a lawsuit.The problem is that when                 someone filesa lawsuit alleging discrimination they are usually in for a         bruising battle, mostly because institutions will argue that no actual         financial or medical harm was done.                                                              They say: the patient got treatment somewhere else, she didn’t suffer           financial hardship, she didn’t die, so what’s the big deal? Judges and juries             may agree that discrimination is reprehensible, but they generally can’t           punish corporations with anything that amounts to more than a light slap         on the wrist.                                                      The appropriate remedy in cases like this is to take them to the Federal           Office for Civil Rights which, because such facilities are CMS (Center for           Medicare & Medicaid Services) and Federal contractors, are in a position to           crack down on discriminators.                                                An individual lawsuit against a nursing home chain for discrimination is           typically seen by such institutions as a nuisance, but a Federal investigation               by the Federal Office for Civil Rights or CMS is a threat to their existence. If               Federal funding of an institution is cut off, which is completely within the             power of such agencies to do, a nursing home chain can go out of               business. The Federal Office of Civil Rights can and will get their attention,             and they will require compliance with the law using tools that are not           available to individuals or even the court system.                                                                                                    If you have experienced ​discrimination by a nursing home or skilled nursing         facility for whatever reason, call the York Law Firm at (916) 643-2200. If we             can’t help you directly, we will put you in touch with the appropriate             agencies to address the issue.