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.
Plaintiff passed away and the case was dismissed. Action to compel the state to provide community based services under the Medicaid waiver program to the 3,000 individuals currently on waiting lists to receive these services. The action claims that the Medicaid Act requires the State to provide covered services with reasonable promptness and, in order to comply with this mandate, that the state must expand the amount of services currently available under its waiver program. Currently, the only Medicaid services available, without a waiting list, are in nursing homes. Plaintiffs claim that this is a violation of the integration mandate because the State is failing to make community settings available for those for whom it is appropriate.