Blog Post on North Carolina In-Home Services Case
See this post, which begins:
Last week, the North Carolina Disability Action Network, (NCDAN), received wonderful news regarding legal action that could benefit a number of the Medicaid recipients in our state. Federal District Court Judge Terrence Boyle ruled on December 7, 2011, that North Carolina’s personnel care policy, which is referred to as Policy 3E, violates the Medicaid Act, the Rehabilitation Act of 1974, and the Americans with Disabilities Act. Boyle granted a temporary injunction against the implementation of the policy and approved class action standing for the case.
Specifically, the policy as it stands, inhibits consumers’ ability to obtain personal care services,(PCS), while living in their own home. These services are supposed to be provided to children and adults, covered by Medicaid, who need assistance with daily living needs. Instead, under Policy 3E, these individuals would be forced to enter an assisted living facility in order to receive the necessary services. The judge also indicated that the plaintiffs may have a claim of due process because, although Medicaid provided notification of termination of personal care services, that notification failed to adequately explain the reasons for the abrupt end to in-home services. This action only applies to those who qualify under the in-home care for adults (IHCA) or in-home care for children (IHCC) programs.