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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. I will continue to pray that God keeps giving you the strength and courage to keep fighting for what is right and just so you are aware, you are an inspiration to those that are feeling weak and helpless as they are trying to figure out why evil keeps winning. God Bless.....

  2. Some are above the law in Indiana. Some lined up with Lodges have controlled power in the state since the 1920s when the Klan ruled Indiana. Consider the comments at this post and note the international h.q. in Indianapolis. http://www.theindianalawyer.com/human-trafficking-rising-in-indiana/PARAMS/article/42468. Brave journalists need to take this child torturing, above the law and antimarriage cult on just like The Globe courageously took on Cardinal Law. Are there any brave Hoosier journalists?

  3. I am nearing 66 years old..... I have no interest in contacting anyone. All I need to have is a nationality....a REAL Birthday...... the place U was born...... my soul will never be at peace. I have lived my life without identity.... if anyone can help me please contact me.

  4. This is the dissent discussed in the comment below. See comments on that story for an amazing discussion of likely judicial corruption of some kind, the rejection of the rule of law at the very least. http://www.theindianalawyer.com/justices-deny-transfer-to-child-custody-case/PARAMS/article/42774#comment

  5. That means much to me, thank you. My own communion, to which I came in my 30's from a protestant evangelical background, refuses to so affirm me, the Bishop's courtiers all saying, when it matters, that they defer to the state, and trust that the state would not be wrong as to me. (LIttle did I know that is the most common modernist catholic position on the state -- at least when the state acts consistent with the philosophy of the democrat party). I asked my RCC pastor to stand with me before the Examiners after they demanded that I disavow God's law on the record .... he refused, saying the Bishop would not allow it. I filed all of my file in the open in federal court so the Bishop's men could see what had been done ... they refused to look. (But the 7th Cir and federal judge Theresa Springmann gave me the honor of admission after so reading, even though ISC had denied me, rendering me a very rare bird). Such affirmation from a fellow believer as you have done here has been rare for me, and that dearth of solidarity, and the economic pain visited upon my wife and five children, have been the hardest part of the struggle. They did indeed banish me, for life, and so, in substance did the the Diocese, which treated me like a pariah, but thanks to this ezine ... and this is simply amazing to me .... because of this ezine I am not silenced. This ezine allowing us to speak to the corruption that the former chief "justice" left behind, yet embedded in his systems when he retired ... the openness to discuss that corruption (like that revealed in the recent whistleblowing dissent by courageous Justice David and fresh breath of air Chief Justice Rush,) is a great example of the First Amendment at work. I will not be silenced as long as this tree falling in the wood can be heard. The Hoosier Judiciary has deep seated problems, generational corruption, ideological corruption. Many cases demonstrate this. It must be spotlighted. The corrupted system has no hold on me now, none. I have survived their best shots. It is now my time to not be silent. To the Glory of God, and for the good of man's law. (It almost always works that way as to the true law, as I explained the bar examiners -- who refused to follow even their own statutory law and violated core organic law when banishing me for life -- actually revealing themselves to be lawless.)

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