The plaintiffs are three individuals who are enrolled in a home-and-community-based Medicaid waiver program in Indiana. They were assigned by the State to a category of individuals that require 24 hour/7 days a week, or almost 24/7, care. However, the State has promulgated limits on services that are far lower than this level of care. ACLU of Indiana filed this lawsuit challenging that these service limits are violative of the Medicaid Act and the Americans with Disabilities Act (ADA). The plaintiff class has been certified, and summary judgment was filed.  The case has now been stayed as the State agency contemplates making changes to its waiver program.

Attorney(s)

Gavin Rose

Date filed

August 1, 2013

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