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James "Jimmy" Campbell finally gets waiver services

Most of the names in these stories have been changed to protect privacy.

In June 2007, Jimmy Campbell finally went home - after five and a half years in an acute care hospital. He had remained there because the 24-hour care his doctor ordered was not available until the state amended its Home and Community Based Services (HCBS) Waiver program. Because he has a progressive neurological condition, Mr. Campbell needed 24-hour care.

He was at El Camino Hospital for almost five years because no nursing facility was willing or able to meet his needs. His parents desperately wanted him to come home and live with them. But there was no way to pay for his 24-hour care needs through the Medi-Cal program.

Although the state operates HCBS waiver programs that pay for in-home care, the NF B Waiver, for which the State found Mr. Campbell eligible, will only pay $48,180 a year. That is not nearly enough to fund Mr. Campbell’s care needs. Mr. Campbell’s parents called PAI (now Disability Rights California).

At an administrative hearing and in a state court appeal, two attorneys and an advocate from the Oakland office represented Mr. Campbell They challenged the state’s ruling that Mr. Campbell qualified for the NF A/B Waiver instead of another waiver that would have provided more money. The state won in both cases.

After the court ruling, Mr. Campbell’s parents contacted State Assemblywoman Sally Lieber. With her support, and the support of several other legislators, Mr. Campbell's attorneys convinced the state to amend its new waiver to allow a few people like Mr. Campbell to get the home-based services they need.

People can now get services under the new IHO HCBS waiver if:

  • They have been in continuous acute care for 36 months,
  • They have doctor’s orders for services beyond the NF A/B level of care, and
  • They have services in place at the time of discharge.

Under the new waiver, Mr. Campbell will have:

  • 24-hour care by licensed vocational and registered nurses,
  • Nursing case management,
  • Payment for modifications to make his parents' home accessible, and
  • Needed medical supplies.
Now happily at home with his parents, Mr. Campbell has had many visits from family and friends. He even took a trip to the park with his nieces and nephews.