Esther Darling, et al. v. Toby Douglas, et al.
Published: Dec. 10, 2011 | Result Date: Nov. 17, 2011 | Filing Date: Jan. 1, 1900 |Case number: 4:09-cv-03798-SBA Settlement – Equitable Settlement
Court
USDC Northern
Attorneys
Plaintiff
Martha Jane Perkins
(National Health Law Program)
Elissa S. Gershon
(Disability Rights California)
Kenneth A. Kuwayti
(Morrison & Foerster )
Elizabeth A. Zirker
(Disability Rights California)
Sarah Jane Somers
(National Health Law Program)
Defendant
Susan M. Carson
(Office of the Attorney General)
Joshua N. Sondheimer
(California Department of Justice)
Facts
California's plan to discontinue adult day health care services as an optional benefit under the Medi-Cal program was met with a class action lawsuit filed on behalf of 35,000 senior citizens and people with disabilities.
The state planned to eliminate the benefit beginning Dec. 1, 2001, which would likely have resulted in the closure of dozens of centers.
Contentions
PLAINTIFFS' CONTENTIONS:
The lawsuit alleged that ADHC participants would be displaced and would face serious risk of injury and death, and would end up in hospitals or nursing homes in violation of the Americans with Disabilities Act and other laws.
Result
The state agreed to settle the matter by transitioning the Adult Day Health Care program from a Medi-Cal state plan optional benefit into a new Community Based Adult Services (CBAS) program, which will be provided under a Medi-Cal l115 Waiver program. The CBAS program and services will be provided at no cost to recipients.
Other Information
Preliminary and final hearings on approval are scheduled for Dec. 13, 2011 and Jan. 24, 2012, respectively.
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