June 6, 2008

Clay Freeman v. Dr. Bruce Goldberg, et. al

The lawsuit describes the plaintiffs difficulties in retaining caregivers after the state moved to a new caregiver rate. The plaintiff has lived successfully in the community since 1999 with the help of five caregivers. For a period of several years, the plaintiff was granted a higher hourly rate for his caregivers and for a lead caregiver who coordinated care and other services. After the rate change and immediately prior to filing the suit, the plaintiff was only able to retain two of the five caregivers needed to provide care. Those two remaining caregivers split 24-hour, 7-days-per-week shifts to meet the plaintiffs complex care needs. The plaintiff has been unable to hire additional caregivers from the Oregon Home Care Commissions database, ads placed in local media, or from local in-home care agencies.

The lawsuit alleges that the home- and community-based services caregiver compensation rate of $9.90 per hour set by the Oregon Home Care Commission is not sufficient to ensure that individuals with disabilities will be able to hire and retain caregivers. The plaintiff, Clay Freeman, seeks to have the state caregiver compensation rate raised to $12.90 per hour, which is equivalent to the hourly rate paid by private agencies.