The U.S. Seventh Circuit Court of Appeals has affirmed a district court’s preliminary injunction in favor of two medically fragile children against the application of changes to the Indiana Family and Social Services Administration’s (“FSSA”) Health and Wellness Medicaid Waiver Program (“H&W Waiver”) that prohibited parents from providing paid care to their medically complex children. The decision means that two Indiana mothers can continue to serve as paid providers of “attendant care” for their children.
The complaint, originally filed in May 2024 by Indiana Disability Rights (IDR) and the ACLU of Indiana, alleges that FSSA’s policy denies these children access to critical in-home care, putting them at risk for institutionalization. In its Olmstead decision, the U.S. Supreme Court found that the unjustified institutionalization of people with disabilities is a form of unlawful discrimination under the Americans with Disabilities Act (ADA). The Seventh Circuit agreed with the district court’s conclusion that plaintiffs have a high likelihood of succeeding on claims that the policy violates the ADA and that decision, and that they will be irreparably harmed absent immediate relief.
“We are grateful that the courts have once again recognized that these children deserve to live at home with their families, not be forced into institutions,” said Gavin Rose, Deputy Legal Director, ACLU of Indiana. “Our clients have dedicated themselves to becoming specially trained in the needs of their children, and no one is better qualified to provide the round-the-clock care they require.”
“The Court’s decision recognizes the very real threat that these families faced following the changes to the Medicaid waiver in 2024, and the likelihood that these parents would have faced the unthinkable decision of having their children placed in an institution,” said Sam Adams, Senior Attorney, Indiana Disability Rights. “This decision reinforces the understanding that children with complex medical needs are best served when they can remain at home with their families. The Court found that there are steps that FSSA can and must take to help ensure these children remain safely in their families’ homes.”
A copy of the decision is available here.
Indiana Protection and Advocacy Services (IPAS) Commission oversees the work of Indiana Disability Rights. Indiana Disability Rights (IDR) is the designated Protection and Advocacy System and Client Assistance Program for the State of Indiana. IDR’s mission is to uphold, promote, and advance the rights of individuals with disabilities through empowerment and advocacy to achieve a more equitable society. For more information, visit www.IndianaDisabilityRights.org.
