U.S. District Court Orders Arizona to Uphold 2004 Ruling on Ball v. Rodgers Case Against State on HCBS Access and Attendant Worker Wage Increase

A United Stated Distinct Court ruled April 24 that Arizona’s Medicaid program discriminates against disabled and elderly beneficiaries on the basis of their disability, reinforcing a 2004 decision on this case. Ball v. Rodgers was filed in 2000 on behalf of disabled and elderly Medicaid beneficiaries who claimed that they were not being provided with adequate home and community based services. The ruling found that the state is required to give beneficiaries the choice between receiving services in the community or in an institutional setting and that Arizona’s failure to provide this choice violates provisions of the Americans with Disabilities Act the Medicaid Act and the Rehabilitation Act. A hearing has been set for June 1, 2009 to discuss Arizona’s compliance with the injunction.