Assisted-living center, family of disabled man told to compromise

A court hearing for a developmentally disabled man whose family is challenging his eviction notice came to an ambiguous conclusion Friday afternoon when the judge told both sides to try reaching a compromise on their own.

"It looks to me like this is the kind of thing you can sit down and talk about and get it resolved," said Judge Blaine Gibson, who presided over the hearing.

John "Jack" Rush, 55, was told he has a month to leave Blossom House, an assisted-living center in Yakima. Rush has lived there for the past eight years, but he has not been making his $3,200 monthly payments the past three months.

But his attorneys argue that the rent actually has been paid in full because the center contracts with Medicaid, a government health services program for low-income people, which has been submitting payments for Rush.

Elisabeth Tutsch, an attorney for the Northwest Justice Project who is representing Rush, said a second hearing has been scheduled for Sept. 19.

Rush used to pay the private monthly fee in full with the help of his family, but they ran out of money and applied for Medicaid.

Blossom House has stopped accepting Medicaid payments because the $2,000 per month it paid doesn't adequately cover the costs to the facility. Rush is now required to pay the full private bed amount of $3,200 each month.

Barbara Duffy, an attorney from the law firm Lane Powell, spoke on behalf of Blossom House at the hearing. She said Rush received a 30-day eviction notice because he failed to make complete payments in May, June and July.

"Certainly there's no disputing that the amount paid was not the amount invoiced," Duffy said in court, adding, "This is not an easy thing for Blossom House to do. (Rush) was well-liked and well cared for, but one thing is clear - payments have not been made."

The judge, however, said he doesn't think the issue is so black-and-white.

"It's far more complicated than that," Gibson said. "The question comes down to certain factual and legal issues that none of us are completely familiar with at this time."

Tutsch referenced a December 2007 residential agreement that obliges Rush to pay the private rate when no more Medicaid beds are available. She said the contract is void because Rush signed it - and Rush has a legal guardian.

His brother, Ed, of Vancouver, Wash., should have signed the agreement.

Duffy said she has not yet had a chance to read all of the materials filed by Rush's attorneys.

Gibson suggested that both parties review all of the issues relevant to the case more carefully. If they find themselves unable to come to an agreement, they can schedule another hearing.

Duffy said Blossom House has already offered to come to a middle ground. Arrangements were made to help transfer Rush to Lincoln House at 46th and Lincoln avenues, a group home that accepts Medicaid.

But Rush's family said they weren't satisfied with this offer because Rush, who functions mentally at the level of an 8-year-old, will regard the move as punishment for doing something wrong. They said a transfer from his longtime home would be
jarring after having grown so accustomed to it.

At the hearing, Tutsch also suggested a potential restraining order because caretakers at the facility have been telling Rush that he needs to leave, causing him to become upset.

"He thinks he's getting evicted for not making his bed or something like that," said Marcus Fry, a Yakima lawyer who is helping Rush and his family with the case.

Gibson decided that this issue should also be resolved through private discussions.

"Of course, we're open to discussing with the other side to see if we can resolve this amicably," Tutsch said. But Rush's attorneys don't plan on giving up.

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