Sunday, October 4, 2009

WICS Live: Around the States

California: Federal Judge Blocks Cuts to Adult Day Health Care Program, Says Cuts Violate ADA. A judge for the U.S. District Court for the Northern District of California issued a 24-page ruling September 10th, ordering the state to halt cuts to the Adult Day Health Care Program, unless and until the beneficiaries it serves are provided other Medi-Cal services to prevent institutionalization. The ruling came after a Department of Health Care Services lawyer argued that it was up to the individual providers who operate the more than 300 state centers to find alternative services for the beneficiaries. Judge Saundra Brown Armstrong ruled that the three plaintiffs who brought the suit would be high risk of institutionalization if their services under the program were scaled back, which could violate the plaintiffs’ rights under the Americans with Disabilities Act. The cutback is part of the budget agreement reached by the Legislature and Governor Arnold Schwarzenegger (R) and could be rescinded after the state finishes reviewing eligibility requirements. According to a spokesman for the Governor, the Administration is reviewing its legal options.