• Scott R. Severns, Severns Associates, 41 E.. Washington St., #300, Indianapolis, IN 46204
• H. Kennard Bennett

• Complaint, with Exhibits, filed March 31, 2003. (PDF format)
• Preliminary Injunction, issued April 16, 2003.(PDF format)

Katharine Lemons, a 98 year old nursing home resident has lived at Westminster Village in Oaklandon, Indiana for more than 26 years. Since May, 2002 she has resided in a large, bright and cheery room that she loves. It has two big windows, and Mrs. Lemons looks out of the window and sees the cottage that she and her husband had lived in for many years. This view is a source of comfort and joy to her. The fact that the room is bright is also important to Mrs. Lemons since she has lost much of her sight and the light makes it easier for her to find her way around the room. In addition, Mrs. Lemons and her roommate are a perfect match – they are both 98, very alert and sharp and love talking with each other.

Unfortunately, in February, 2003 Mrs. Lemons’ world came apart. Federal surveyors accompanying the Indiana State Department of Health surveyors on an annual inspection insisted that Westminster follow distinct part requirements and cluster all the Medicaid beds together. Prior to this time, nursing homes in Indiana had been allowed to “commingle” Medicaid and private pay beds.

Once told that it had to segregate all its Medicaid residents, the facility informed Mrs. Lemons, who after 26 years of paying privately had converted to Medicaid in the fall of 2001, that she would have to move. Mrs. Lemons was devastated by the news. Her room was her home and her world, and she was being forced against her will to leave it. When the facility transferred approximately 32 residents into a newly created Medicaid distinct part, Mrs. Lemons refused to move simply because she was on Medicaid and sought legal assistance to stop the transfer.

The proposed relocation traumatized Mrs. Lemons. She reported becoming very nervous and having trouble sleeping. She felt like she was losing control over what was happening to her and this undermined her sense of confidence. Both nursing and social services staff noted that she was upset, while social services staff documented that she was angry. Most significantly, Mrs. Lemons openly said that “being treated this way” made her feel that life was no longer worth living and that “she might have to kill herself if they move me.” In fact, a psychologist familiar with transfer trauma reviewed Mrs. Lemons records and concluded that she was exhibiting signs of psychological harm.

Mrs. Lemons' attorneys obtained both a temporary restraining order and a preliminary injunction prohibiting the move.