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ACLU of Indiana files class-action lawsuit against FSSA for changes to Medicaid waiver programs

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The ACLU of Indiana has slapped the Indiana Family and Social Services Administration with a class-action lawsuit over the way the state agency operates two of its Medicaid waiver programs.

Filed Friday in U.S. District Court, Southern District of Indiana, Indianapolis Division, the lawsuit alleges that policy changes made in late 2012 and early 2013 to two Medicaid wavier programs have put Hoosiers at “grave risk of immediate and irreparable harm in the community.”

The two programs are the Community Integration and Habilitation Waiver and the Aged and Disabled Waiver.

These programs, according to the ACLU of Indiana, serve thousand of Hoosiers, offering services that enable them to live in their community even though their disabling conditions would otherwise require that they be institutionalized.

The lawsuit, Karla Steimel, et. al. v. Debra Minott, et. al., 1:13-CV-957-JMS-MJD, alleges the agency’s policies violate the Americans with Disabilities Act of 1990 and the Rehabilitation Act of 1973.

“The Americans with Disabilities Act of 1990 requires that the state provide services to individuals with disabilities in the least restrictive setting appropriate to their needs,” said ACLU of Indiana staff attorney Gavin Rose. “Right now, Indiana is not living up to that mandate.”

As part of the policy changes, the FSSA eliminated entirely a waiting list for the CIH Waiver. It instead moved to determining that only individuals who meet certain “priority criteria” may receive placement on that waiver.

Historically, the FSSA has maintained a waiting list for the CIH Waiver which often delayed services for needy individuals for 10 to 15 years. Under the new rules, the ACLU of Indiana asserts, many people who once would have been eligible to receive services through the program can never become eligible.

Also, the agency recently decided that individuals with developmental disabilities who do not required skilled nursing services, such as assistance with a ventilator or medication administration, may no longer received services through the A&D Waiver.    

The lead plaintiff in the case, Karla Steimel brings this action on her own behalf and on behalf of three classes of those similarly situated.  

Steimel is a 27-year-old Knox County resident who has cerebral palsy along with physical disabilities. She lives by herself in the community but requires complete assistance for daily activities like bathing, preparing meals and running errands.

She has been on the waiting list for the CIH Waiver for at least 12 years but she was removed around Sept. 1, 2012.

Through the A&D Waiver, Steimel receives about 160 hours each month of attendant care services. This includes transportation to the Knox County ARC where she is employed and receives employment-related services five days a week.

The suit requests the court issue a preliminary injunction, later to be made permanent, requiring the FSSA to re-instate the waiting list for placement on the CIH Waiver, eliminate any requirement that individuals meet the agency’s priority criteria to be placed on the waiting list and provide sufficient slots through this waiver for the waiting list to move at a reasonable pace.

Also, the suit requests a preliminary injunction requiring the defendants to continue providing services through the A&D Waiver.

 

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  1. Ah yes... Echoes of 1963 as a ghostly George Wallace makes his stand at the Schoolhouse door. We now know about the stand of personal belief over service to all constituents at the Carter County Clerk door. The results are the same, bigotry unable to follow the directions of the courts and the courts win. Interesting to watch the personal belief take a back seat rather than resign from a perception of local power to make the statement.

  2. An oath of office, does it override the conscience? That is the defense of overall soldier who violates higher laws, isnt it? "I was just following orders" and "I swore an oath of loyalty to der Fuhrer" etc. So this is an interesting case of swearing a false oath and then knowing that it was wrong and doing the right thing. Maybe they should chop her head off too like the "king's good servant-- but God's first" like St Thomas More. ...... We wont hold our breath waiting for the aclu or other "civil liberterians" to come to her defense since they are all arrayed on the gay side, to a man or should I say to a man and womyn?

  3. Perhaps we should also convene a panel of independent anthropological experts to study the issues surrounding this little-known branch of human sacrifice?

  4. I'm going to court the beginning of Oct. 2015 to establish visitation and request my daughters visits while she is in jail. I raised my grandchild for the first two and half years. She was born out of wedlock and the father and his adopted mother wantwd her aborted, they went as far as sueing my daughter for abortion money back 5mo. After my grandchild was born. Now because of depression and drug abuse my daughter lost custody 2 and a half years ago. Everyting went wrong in court when i went for custody my lawyer was thrown out and a replacment could only stay 45 min. The judge would not allow a postponement. So the father won. Now he is aleinating me and my daughter. No matter the amount of time spent getting help for my daughter and her doing better he runs her in the ground to the point of suicide because he wants her to be in a relationship with him. It is a sick game of using my grandchild as a pawn to make my daughter suffer for not wanting to be with him. I became the intervener in the case when my daughter first got into trouble. Because of this they gave me her visitation. Im hoping to get it again there is questions of abuse on his part and I want to make sure my grandchild is doing alright. I really dont understand how the parents have rights to walk in and do whatever they want when the refuse to stand up and raise the child at first . Why should it take two and a half years to decide you want to raise your child.The father used me so he could finish college get a job and stop paying support by getting custody. Support he was paying my daughter that I never saw.

  5. Pence said when he ordered the investigation that Indiana residents should be troubled by the allegations after the video went viral. Planned Parenthood has asked the government s top health scientists at the National Institutes of Health to convene a panel of independent experts to study the issues surrounding the little-known branch of medicine.

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