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County Social Services & HCPF

Citation

Taylor v. Dolores County Dept. of Social Services, Montezuma County Health Dept., and Colorado Department Health Care Policy and Financing, SHP 2009-0465 and 2009 SHP-0576

Issues

CDASS allocation amount appeal. Despite numerous requests by the Petitioner, Leslie Taylor, that the Department adjust her allocation amount to address changing medical needs, the Department and its contractor single entry point agency, Montezuma County Health Department, refused to increase her CDASS monthly allocation amount appropriately. Instead, Ms. Taylor’s case manager, inserted inappropriate log notes in her file having nothing to do with Ms. Taylor’s attendant care needs.  Despite requirements to conduct a new assessment upon request, the Department has failed to do so. A hearing is set for August 2, 2010.

Non-emergent medical transportation (NEMT) appeal. Petitioner lives in a rural area and has many medical appointments far from her home. There is no NEMT service available. The only way for her to get to appointments is to have an attendant drive her in her vehicle, sometimes for many hours per day. Despite promises that a vehicle would be made available by Dolores County and to pay attendants for time driving, the Department and County never made a vehicle available and refuses to pay the attendants for their time transporting petitioner. The Department filed three separate motions to dismiss, including one that was never served on Petitioner or her assigned advocate.  In the latest motion, the Department takes the position that reimbursements for mileage for these trips includes payment to attendants. A hearing is scheduled on August 2, 2010.