In other news, the court was scheduled July 31st to hold a hearing on a motion for a preliminary injunction issued July 2 preventing the Department from reducing Medicaid in-home health care services for 3,500 children with disabilities. In the July 2nd order, the court blocked the state agency from carrying out the reductions, scheduled to take effect July 1st, until August 1st. The temporary restraining order applies to reductions in the Medicaid-funded personal care services for children age 20 and younger. The state's 2009-2011 operating budget also directs the department to reduce in-home personal care hours for children.
Sunday, August 2, 2009
WICS Live: Around the States
Washington: Department of Social and Health Services Barred from Eliminating Services to Certain Adults with Disabilities. The U.S. District Court for the Western District issued the temporary restraining order July 13th, directing the agency to ensure that medically necessary services are available to 900 Medicaid beneficiaries affected by the state’s budget cuts. On July 1st, the Department reduced Medicaid-funded long-term services and supports to people with disabilities residing in family homes and boarding homes, which was mandated by the state’s 2009-2011 operating budget. On June 1st, beneficiaries were notified via letter that services were being terminated, but did not including information about replacement services or how to appeal termination of the services. The plaintiffs charged that the Department failed to provide adequate notice, which denied them their right to due process and amounted to discriminated under the Americans with Disabilities Act, forcing plaintiffs to go without community-based services to maintain their independence in the community and enter institutions. While failing to certify the plaintiffs as a class, the court urged the Department to complete case management activities for those individuals to ensure that medically necessary services are provided.
In other news, the court was scheduled July 31st to hold a hearing on a motion for a preliminary injunction issued July 2 preventing the Department from reducing Medicaid in-home health care services for 3,500 children with disabilities. In the July 2nd order, the court blocked the state agency from carrying out the reductions, scheduled to take effect July 1st, until August 1st. The temporary restraining order applies to reductions in the Medicaid-funded personal care services for children age 20 and younger. The state's 2009-2011 operating budget also directs the department to reduce in-home personal care hours for children.
In other news, the court was scheduled July 31st to hold a hearing on a motion for a preliminary injunction issued July 2 preventing the Department from reducing Medicaid in-home health care services for 3,500 children with disabilities. In the July 2nd order, the court blocked the state agency from carrying out the reductions, scheduled to take effect July 1st, until August 1st. The temporary restraining order applies to reductions in the Medicaid-funded personal care services for children age 20 and younger. The state's 2009-2011 operating budget also directs the department to reduce in-home personal care hours for children.
