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From:
CA Matlock <[log in to unmask]>
Reply To:
CA Matlock <[log in to unmask]>
Date:
Tue, 27 Dec 2016 11:44:54 -0600
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<<Disclaimer: Verify this information before applying it to your situation.>>

My sincere thanks to all who responded. The question was asking for information regarding getting into long-term care in a nursing home when you are celiac. I have not been able to successfully place my mother in a nursing home. Because of her celiac diet, she has been flat-out denied by 1 assisted living and 2 nursing homes. She has been in two nursing homes for several weeks each time, and in each the diet was not observed. This is Mobile County, Alabama. Yes, I have spoken to state authorities, and I was told that no nursing home has to take a patient, and given all manner of excuses, no help.

I did much research—thanks to all who helped— and found that it does appear celiac is covered under ADA. Food allergies are covered under ADA. In August of 2016 the DOJ published amendments to the ADA to give it broader scope of who was covered. Anyone with anything that hinders ‘major life activities’ is covered under the ADA. Also, all entities that serve the public must comply: i.e., restaurants, hospitals are named. Further, there is a settlement with an university published on the DOJ site; the university complying to provide gluten-free meals for students, as well as all food allergies. 

I filed a complaint with the DOJ on the latest nursing home to deny my mother. Unfortunately, the DOJ said, more or less, they are not saying the nursing home is not violating the law, they just have too many cases to attend to this tiny one concerning one old elderly woman.  They sent a listing of organizations in my state that address ADA violations and suggested I might want to seek an attorney. I have neither money nor time to do this. 

Should anyone want the files/urls from the DOJ and ADA, I will be glad to forward them privately. 

This problem concerns old people, so no one much cares, until they reach that age. We have an avalanche of older celiacs coming on. Should you feel inclined to want to help this issue, please start talking about it within your particular celiac groups. Pressure needs to be brought on the dietitians that serve nursing homes and independent living facilities. The good news is that the newer and more upscale independent living facilities are becoming more celiac friendly. The problem lies in certain states, Alabama being one of the worst run states in the US. 

CurtissAnn
Alabama

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