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Judge approves proposed settlement agreement

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A federal judge has approved a proposed settlement agreement in a class-action lawsuit against the Indiana Family and Social Services Administration alleging that an agency policy that doesn’t allow certain Medicaid waiver enrollees to apply for services other than what’s been approved by their case manager is in violation of federal Medicaid law.

Bernis Boatman, by her daughter Diana Wilbur, filed the original action in February 2010 against the then-FSSA Secretary Anne Waltermann Murphy, and the directors of the Division of Aging and Office of Medicaid Policy and Planning, after their case manager did not submit a request for additional services to the Division of Aging. Boatman was enrolled in the Aged & Disabled Waiver Program, and was approved to receive certain services each week or month. When her daughter, who was her primary caretaker, became ill and unable to care for her mother as she had before, the pair asked for additional services from their case manager.

There is no mechanism for someone to request additional services beyond what they had already been approved for, and their class-action suit claimed they were unable to apply for these services because of FSSA policy. The class consists of anyone who is enrolled or will be enrolled in the ADW program operated by FSSA. The FSSA operates five Medicaid waiver programs approved by the federal government, including the ADW program. The Department of Health and Human Services may waive certain requirements of the Medicaid program for states that include as “medical assistance” home and community-based services that are provided to someone, who but for such services, would require the level of care provided in a hospital, nursing facility, or intermediate care facility for the mentally disabled.

The parties stipulated and agreed to enter into a settlement agreement in March 2011. Under the terms of the settlement, when case managers create waiver enrollees’ proposed cost comparison budget and plan of care to submit to the FSSA for approval, case managers must submit a request for services for whatever amount and type of service each waiver enrollee desires. Case managers will be trained that they are now required to submit these requests to FSSA, and if for some reason, the case manager refuses or does not submit the request for services, the waiver enrollee may contact FSSA directly.

Judge Jane Magnus-Stinson in the Southern District of Indiana approved the proposed settlement in Edna Chadwell, et al. v. Michael A. Gargano, et al., No. 1:10-CV-158, finding it to be fair, reasonable and an adequate resolution. The plaintiffs are receiving everything that they could obtain through a final judgment in their favor in the settlement, she wrote, and this settlement spares the continued expense of litigating the matter.

The defendants, who deny all the allegations against them, also agreed to pay $16,000 in attorney fees to the American Civil Liberties Union of Indiana, who represented the plaintiffs. The parties have 60 days from July 21 to jointly file a status report regarding the ultimate dismissal of the case.

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  1. YES I WENT THROUGH THIS BEFORE IN A DIFFERENT SITUATION WITH MY YOUNGEST SON PEOPLE NEED TO LEAVE US ALONE WITH DCS IF WE ARE NOT HURTING OR NEGLECT OUR CHILDREN WHY ARE THEY EVEN CALLED OUT AND THE PEOPLE MAKING FALSE REPORTS NEED TO GO TO JAIL AND HAVE A CLASS D FELONY ON THERE RECORD TO SEE HOW IT FEELS. I WENT THREW ALOT WHEN HE WAS TAKEN WHAT ELSE DOES THESE SCHOOL WANT ME TO SERVE 25 YEARS TO LIFE ON LIES THERE TELLING OR EVEN LE SAME THING LIED TO THE COUNTY PROSECUTOR JUST SO I WOULD GET ARRESTED AND GET TIME HE THOUGHT AND IT TURNED OUT I DID WHAT I HAD TO DO NOT PROUD OF WHAT HAPPEN AND SHOULD KNOW ABOUT SEEKING MEDICAL ATTENTION FOR MY CHILD I AM DISABLED AND SICK OF GETTING TREATED BADLY HOW WOULD THEY LIKE IT IF I CALLED APS ON THEM FOR A CHANGE THEN THEY CAN COME AND ARREST THEM RIGHT OUT OF THE SCHOOL. NOW WE ARE HOMELESS AND THE CHILDREN ARE STAYING WITH A RELATIVE AND GUARDIAN AND THE SCHOOL WON'T LET THEM GO TO SCHOOL THERE BUT WANT THEM TO GO TO SCHOOL WHERE BULLYING IS ALLOWED REAL SMART THINKING ON A SCHOOL STAFF.

  2. Family court judges never fail to surprise me with their irrational thinking. First of all any man who abuses his wife is not fit to be a parent. A man who can't control his anger should not be allowed around his child unsupervised period. Just because he's never been convicted of abusing his child doesn't mean he won't and maybe he hasn't but a man that has such poor judgement and control is not fit to parent without oversight - only a moron would think otherwise. Secondly, why should the mother have to pay? He's the one who made the poor decisions to abuse and he should be the one to pay the price - monetarily and otherwise. Yes it's sad that the little girl may be deprived of her father, but really what kind of father is he - the one that abuses her mother the one that can't even step up and do what's necessary on his own instead the abused mother is to pay for him???? What is this Judge thinking? Another example of how this world rewards bad behavior and punishes those who do right. Way to go Judge - NOT.

  3. Right on. Legalize it. We can take billions away from the drug cartels and help reduce violence in central America and more unwanted illegal immigration all in one fell swoop. cut taxes on the savings from needless incarcerations. On and stop eroding our fourth amendment freedom or whatever's left of it.

  4. "...a switch from crop production to hog production "does not constitute a significant change."??? REALLY?!?! Any judge that cannot see a significant difference between a plant and an animal needs to find another line of work.

  5. Why do so many lawyers get away with lying in court, Jamie Yoak?

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