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Federal court orders a stop to new service restrictions at Adult Day Health Centers

Thursday, February 25, 2010

  • Organization: National Senior Citizens Law Center

In a victory for plaintiffs in the budget-based battles over continuing coverage of Medicaid-funded home and community based services, a federal district court in Oakland today issued an injunction halting California’s plans to implement new, restrictive eligibility criteria for low-income seniors and individuals with disabilities who receive services at Adult Day Health Care centers. The court found the plaintiffs were likely to succeed on a range of claims, including violations of the Medicaid Act’s reasonable standards and comparability claims, the Americans with Disabilities Act’s integration mandate, ADA and Rehabilitation Act methods of administration regulations, and the U.S. Constitution’s due process guarantee. The court also concluded that the state’s fiscal crisis did not outweigh the public interest in providing access to healthcare for the most needy.

A copy of the court’s order is available on the National Senior Citizens Law Center’s website at http://www.nsclc.org/areas/medicaid. The plaintiffs are represented by Disability Rights California, the National Senior Citizens Law Center, AARP Foundation Litigation, the National Health Law Program, and the pro bono firm of Howrey LLP.

For more information, contact: Anna Rich at arich@nsclc.org.

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