Dallas Voice (Dallas, Tex.), Vol. 20, No. 14, Ed. 1 Friday, August 1, 2003 Page: 13 of 68
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"They said everything sounded ok," Rowe
said.
A couple of days before his release, the hos-
pital sent the nursing home the form outlining
the kind of care Little would need, and the
Friday before the Monday Little was to be
released, Tangi Pines said they could not
accept Little, Rowe said.
Their reason was that he needed too much
care, she said.
The family went through the same process
at Kentwood Manor, she said, and after they
got Little's information from the hospital, they
said they couldn't accept him because he need-
ed a private room, Rowe said.
The facility did not clarify why Little need-
ed a private room, Chase said.
Rowe said, after the second home's denial,
she called the hospital to see what was on the
form they were sending to the nursing homes,
and they told her a "highlight" was Little's
HIV-positive status.
She said she then began to realize why
Little was really being denied care. Just to
make sure, she went through the same process
with four other facilities.
Realizing Little still wasn't going to be close
to home was "devastating" for the family
Rowe said.
His mother wants to drive the 80 miles to
visit Little frequently, and she's 78 years old,
Rowe said. "She loves her child."
"It's just ... it's wrong, " Rowe said, that
Little can't be cared for close to home.
She decided to research the legality' of the
homes' refusal to care for her brother, and
while on the Internet, she found Lambda Legal
Defense and Education Network.
Lamdba's involvement and support is "the
only thing that's picked up our spirits," Rowe
said.
She knows Little's brain still functions
properly, because she took him a copy of an
article about the case.
After he looked at it, Rowe asked him if he
knew what it meant.
He wrote on his board, "H.I.V. suit," she
said.
Chase said Lambda wants to give the facil-
ities the chance to admit they were wrong and
admit Little without filing a civil suit, but if the
matter is not resolved after a reasonable
amount of time, a suit will be filed.
"Nobody's looking to win the lottery," he
said.
Craig Paloski, with the press office of the
U.S. Department of Health and Human
Services' Office for Civil Rights, said the office
is not allowed to talk about the specifics of any
case that has been filed, but anyone can visit
the office online at www.hhs.gov/ocr for
answers to general questions.
According to the site, once a complaint is
filed, the Office of Civil Rights must determine
if it has the legal authority to review and inves-
tigate the complaint. The office's authority is
primarily over entities receiving federal assis-
tance from the Department of Health and
Human Services.
At the end of the investigation, during
which various "witnesses" will be interviewed
and documents gathered and examined, the
Office of Human Rights will present its deci-
sion on whether federal law has been violated.
Officials would not comment on the pre-
dicted length of an investigation.
Rowe said it seems that, "when healthcare
workers went into these careers they chose, it
was to help the sick and the disabled, unless
you have HIV."
She said she doesn't know why healthcare
providers won't treat her brother.
"They have to be educated [about HIV],
because it's not something that developed last
month," she said.
According to the Office of Civil Rights
Internet site, it is illegal to discriminate based
solely on a person's disability.
"Specifically, in cases involving AIDS, an
issue that may come up is whether the person
poses a significant threat to the health and
safety of others," according to the site.
A case example used on the site involves a
child denied daycare service because he or she
is HIV-positive.
Noting that each situation is considered on
a case-by-case basis, the site said, "Generally
speaking, in a day care setting, having AIDS
itself should not disqualify a child from partic-
ipation."
Rowe told every facility to which Little
applied that he is not a violent person.
Chase said he hopes the denial of care was
something as simple as some employees "pan-
icking," and they will soon realize their mis-
take.
"They also need to realize he needs to be
near his family," Chase said, because it's
"medically proven" patients recover faster
when they're near their family.
"He's extremely depressed," Chase said of
Continued on Next Page
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DALLAS VOICE
AUGUST 1 „ 2003
13
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Vercher, Dennis. Dallas Voice (Dallas, Tex.), Vol. 20, No. 14, Ed. 1 Friday, August 1, 2003, newspaper, August 1, 2003; Dallas, Texas. (https://texashistory.unt.edu/ark:/67531/metapth616382/m1/13/: accessed July 17, 2024), University of North Texas Libraries, The Portal to Texas History, https://texashistory.unt.edu; crediting UNT Libraries Special Collections.