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Colorado Department of Health Care Policy and Financing – Attendant Care

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Citation

Lucas v. Henneberry and Colorado Department of Health Care Policy and Financing, 2009CV11661

Issues

The Department refuses to pay for medically necessary, post-surgical in-home attendant care for a mother of four.  Without this care the woman and her four children, who also have disabilities, are at risk of institutionalization.

The Department is in violation of the Americans with Disabilities Act and the Medicaid Act until it authorizes payment for services.  The landmark U.S. Supreme Court decision of Olmstead v. L.C. ex rel. Zimring, 527 U.S. 581, 583 (1999) made clear that “unjustified segregation of persons with disabilities [is a] form of discrimination” made unlawful by the ADA.

 

Status

The Complaint and a Motion for Temporary Restraining Order and Preliminary Injunction were filed in Denver District Court on December 18, 2009.  A hearing on the motion took place January 6 & 7, 2010.

Mother’s allocation amount and services were revised appropriately.  This case has been resolved and dismissed.

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