Washington state court case

U.S. District Court Judge in Washington Rules State Violated Rights of Individuals with Disabilities in Cutting Adult Day Health Programs. Cuts to a Washington program that provides rehabilitative therapy and skilled nursing services to disabled individuals living in community-based residential settings must be restored, a federal trial court ruled Sept. 4 (Ryan v. Dreyfus, W.D. Wash., No. 2:09-cv-908, 9/4/09). The U.S. District Court for the Western District of Washington said a class of Medicaid-eligible individuals who had been receiving benefits under Adult Day Health programs were entitled to an injunction against the Washington Department of Social and Health Services (DSHS) and its secretary, Susan N. Dreyfus, because the benefits were terminated without notice. Termination without notice and an opportunity for a hearing violates the due process rights of the individuals who, until July 1, were receiving services through the ADH programs, the court said. The class representatives are entitled to an injunction because they showed they would prevail on their claims that the state violated the 14th Amendment of the U.S. Constitution, as well as the Medicaid Act, and demonstrated an injury that could be redressed by such relief, the court said. The class-wide case management activities that DSHS has undertaken since the commencement of this litigation have provided for post-termination hearings for those individuals who request them. The court ruled: “The class members were entitled to a pre-termination hearing, not a post-termination hearing. Pending a hearing, the class member's ADH services are reinstated. Thus, in order to remedy the due process violation, the class members' ADH services must be immediately reinstated and then DSHS can provide the notice and opportunity to be heard that it should have provided before July 1.