Developmentally Disabled Plaintiffs Sue to Enforce Court Ruling, Over Governor's Line Item Veto, To Ensure No One Waits More Than 90 Days for In-Home Medicaid Care
Legal Services E-lert
Date of E-Lert – 03/28/08
Bibliographic Info:
Author: Lawrence Messina
Source: The Associated Press
Date: 3/27/08
The Associated Press reports: “A line-item veto by Gov. Joe Manchin is landing the state back in court over its handling of West Virginians who seek to remain at home as they receive care for disabilities. A federal judge ruled in 2000 that eligible residents should not wait more than 90 days for waivers allowing in-home treatment through Medicaid. While administration officials say they’re prepared to commit $5 million to satisfy that court order, the nonprofit legal aid group that won it after a 1999 lawsuit petitioned Wednesday [March 26, 2008] for its enforcement. ‘We have a duty to our class members, ongoing, to see to it that the order is complied with,’ said lawyer Bren Pomponio of Mountain State Justice. ‘We had to put something together to have this enforced through the federal court because they weren’t able to do it on their own.’”
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