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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. So that none are misinformed by my posting wihtout a non de plume here, please allow me to state that I am NOT an Indiana licensed attorney, although I am an Indiana resident approved to practice law and represent clients in Indiana's fed court of Nth Dist and before the 7th circuit. I remain licensed in KS, since 1996, no discipline. This must be clarified since the IN court records will reveal that I did sit for and pass the Indiana bar last February. Yet be not confused by the fact that I was so allowed to be tested .... I am not, to be clear in the service of my duty to be absolutely candid about this, I AM NOT a member of the Indiana bar, and might never be so licensed given my unrepented from errors of thought documented in this opinion, at fn2, which likely supports Mr Smith's initial post in this thread: http://caselaw.findlaw.com/us-7th-circuit/1592921.html

  2. When I served the State of Kansas as Deputy AG over Consumer Protection & Antitrust for four years, supervising 20 special agents and assistant attorneys general (back before the IBLE denied me the right to practice law in Indiana for not having the right stuff and pretty much crushed my legal career) we had a saying around the office: Resist the lure of the ring!!! It was a take off on Tolkiem, the idea that absolute power (I signed investigative subpoenas as a judge would in many other contexts, no need to show probable cause)could corrupt absolutely. We feared that we would overreach constitutional limits if not reminded, over and over, to be mindful to not do so. Our approach in so challenging one another was Madisonian, as the following quotes from the Father of our Constitution reveal: The essence of Government is power; and power, lodged as it must be in human hands, will ever be liable to abuse. We are right to take alarm at the first experiment upon our liberties. I believe there are more instances of the abridgement of freedom of the people by gradual and silent encroachments by those in power than by violent and sudden usurpations. Liberty may be endangered by the abuse of liberty, but also by the abuse of power. All men having power ought to be mistrusted. -- James Madison, Federalist Papers and other sources: http://www.constitution.org/jm/jm_quotes.htm RESIST THE LURE OF THE RING ALL YE WITH POLITICAL OR JUDICIAL POWER!

  3. My dear Mr Smith, I respect your opinions and much enjoy your posts here. We do differ on our view of the benefits and viability of the American Experiment in Ordered Liberty. While I do agree that it could be better, and that your points in criticism are well taken, Utopia does indeed mean nowhere. I think Madison, Jefferson, Adams and company got it about as good as it gets in a fallen post-Enlightenment social order. That said, a constitution only protects the citizens if it is followed. We currently have a bevy of public officials and judicial agents who believe that their subjectivism, their personal ideology, their elitist fears and concerns and cause celebs trump the constitutions of our forefathers. This is most troubling. More to follow in the next post on that subject.

  4. Yep I am not Bryan Brown. Bryan you appear to be a bigger believer in the Constitution than I am. Were I still a big believer then I might be using my real name like you. Personally, I am no longer a fan of secularism. I favor the confessional state. In religious mattes, it seems to me that social diversity is chaos and conflict, while uniformity is order and peace.... secularism has been imposed by America on other nations now by force and that has not exactly worked out very well.... I think the American historical experiment with disestablishmentarianism is withering on the vine before our eyes..... Since I do not know if that is OK for an officially licensed lawyer to say, I keep the nom de plume.

  5. I am compelled to announce that I am not posting under any Smith monikers here. That said, the post below does have a certain ring to it that sounds familiar to me: http://www.catholicnewworld.com/cnwonline/2014/0907/cardinal.aspx

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