The judge dismissed the case as moot without ruling on the merits. The case raises claims under the Medicaid Act and the integration mandate. By settlement plaintiff obtained the waiver plus Medicaid home health services as well as attorney's fees. Child with autism was placed on a waiting list for state-funded developmental disabilities services. Defendant has filed motion for summary judgement and exceptions.
Parties are in discovery.
The defendant's moved to dismiss. They argue, in part, that the ADA is unconstitutional. Plaintiffs have traumatic brain injury and are required to receive services in a nursing home, even though the states waiver program can provide all needed services. Ruling on a motion for preliminary injunction, the court found that the plaintiffs care in a three person community home was so costly as to create a fundamental alteration. Plaintiffs files a post hearing memorandum.