Case: Hiltibran v. Levy

2:10-cv-04185 | U.S. District Court for the Western District of Missouri

Filed Date: Aug. 23, 2010

Closed Date: 2011

Clearinghouse coding complete

Case Summary

On August 23, 2010, several individuals with incontinence caused by disability filed this lawsuit in the U.S. District Court for the Eastern District of Missouri to challenge Missouri Medicaid's (MO HealthNet) policy of only covering incontinence briefs for those individuals residing in institutions. Each plaintiffs requires incontinence briefs to prevent skin deterioration and infections, which can pose serious health risks. Without access to the briefs, the plaintiffs risk institutionalizat…

On August 23, 2010, several individuals with incontinence caused by disability filed this lawsuit in the U.S. District Court for the Eastern District of Missouri to challenge Missouri Medicaid's (MO HealthNet) policy of only covering incontinence briefs for those individuals residing in institutions. Each plaintiffs requires incontinence briefs to prevent skin deterioration and infections, which can pose serious health risks. Without access to the briefs, the plaintiffs risk institutionalization so that all of their needs could be met. The plaintiffs alleged that this policy reflected a preference for institutionalization, which violates the ADA (under the Supreme Court precedent Olmstead v. L.C.) and Section 504 of the Rehabilitation Act of 1973. The plaintiffs also claimed that this policy violated several provisions of the federal Medicaid act.

The plaintiffs moved for a preliminary injunction along with their plaintiff, and the United States (DOJ) filed a statement of interest supporting the motion. The defendants opposed this motion and claimed that incontinence briefs for non-institutionalized adults are personal hygiene items rather than medical supplies. Judge Nanette K. Laughrey granted a preliminary injunction on December 27, 2010. The December 27 order found that plaintiffs had shown a likelihood of success on the merits, and on February 17, 2011, the plaintiffs filed a motion for summary judgment. The United States also supported this motion. After oral arguments, Judge Laughrey granted summary judgment to the plaintiffs on June 24, 2011, finding that MO HealthNet's policy of excluding adult incontinence briefs from home health services coverage violated the federal Medicaid act, the ADA, and Section 504. The court ordered the state to change its policy to cover incontinence briefs.

The parties then briefed the issue of attorney's fees, and the court ultimately granted attorney's fees and closed the case in October 2011.

Summary Authors

Beth Kurtz (1/7/2013)

People

For PACER's information on parties and their attrorneys, see: https://www.courtlistener.com/docket/4942793/parties/hiltibran-v-levy/


Judge(s)

Laughrey, Nanette Kay (Missouri)

Attorneys(s) for Plaintiff

Ammann, John J. (Missouri)

Claggett, Daniel E. (Missouri)

Ferber, Joel (Missouri)

Kennedy, Thomas E (Missouri)

Kennedy (IL), Thomas E. III (Illinois)

Navarro, Heather B. (Missouri)

Perkins, Jane (North Carolina)

Swearingen, Robert (Missouri)

Attorneys(s) for Defendant

Koster, Robert J. (Missouri)

Judge(s)

Laughrey, Nanette Kay (Missouri)

Attorneys(s) for Plaintiff

Ammann, John J. (Missouri)

Claggett, Daniel E. (Missouri)

Ferber, Joel (Missouri)

Kennedy, Thomas E (Missouri)

Kennedy (IL), Thomas E. III (Illinois)

Navarro, Heather B. (Missouri)

Perkins, Jane (North Carolina)

Swearingen, Robert (Missouri)

Attorneys(s) for Defendant

Koster, Robert J. (Missouri)

Long, Mark (Missouri)

Thomas, Charles M. (Missouri)

Other Attorney(s)

Bagenstos, Samuel R. (District of Columbia)

Barkoff, Alison (District of Columbia)

Breen, Philip L. (District of Columbia)

Perez, Thomas E. (District of Columbia)

Rush, Regan (District of Columbia)

Wodatch, John L. (District of Columbia)

Wohlenhaus, Renee M. (District of Columbia)

Wolfe, Kathleen P. (District of Columbia)

Documents in the Clearinghouse

Document

2:10-cv-04185

Docket

Oct. 20, 2011

Oct. 20, 2011

Docket
1

2:10-cv-04185

Complaint

Aug. 23, 2010

Aug. 23, 2010

Complaint
5

2:10-cv-04185

Plaintiffs' Motion for Preliminary Injunction

Aug. 23, 2010

Aug. 23, 2010

Pleading / Motion / Brief
7

2:10-cv-04185

Plaintiffs' Memorandum in Support of Motion for Preliminary Injunction

Aug. 24, 2010

Aug. 24, 2010

Pleading / Motion / Brief
17

2:10-cv-04185

Suggestions in Opposition to Motion for Preliminary Injunciton

Sept. 30, 2010

Sept. 30, 2010

Pleading / Motion / Brief
19

2:10-cv-04185

Statement of Interest of the United States of America in Support of Plaintiffs' Motion for Preliminary Injunction

Oct. 15, 2010

Oct. 15, 2010

Pleading / Motion / Brief
22

2:10-cv-04185

Plaintiffs' Reply Memorandum in Support of Motion for Preliminary Injunction

Oct. 18, 2010

Oct. 18, 2010

Pleading / Motion / Brief
28

2:10-cv-04185

Order

2010 WL 6825306

Dec. 27, 2010

Dec. 27, 2010

Order/Opinion
32

2:10-cv-04185

Plaintiffs' Motion for Summary Judgment

Feb. 17, 2011

Feb. 17, 2011

Pleading / Motion / Brief
33

2:10-cv-04185

Plaintiffs' Suggestions in Support of Motion for Summary Judgment

Feb. 17, 2011

Feb. 17, 2011

Pleading / Motion / Brief

Resources

Docket

See docket on RECAP: https://www.courtlistener.com/docket/4942793/hiltibran-v-levy/

Last updated Aug. 11, 2022, 3:10 a.m.

ECF Number Description Date Link Date / Link
42

ORDER by Judge Nanette Laughrey granting 32 motion for summary judgment. ORDERED that Plaintiffs Motion for Summary Judgment [Doc. # 32] is GRANTED. The Court declares that, notwithstanding Defendants January 14, 2011 Notice Concerning Adult Inco ntinence Briefs, Defendants current policies deeming adult incontinence briefs personal hygiene items for participants over age twenty violates the Medicaid Acts reasonable standards requirement andhome health services requirement, and violates the i ntegration mandate of the ADA and section 504 of the Rehabilitation Act. The Court permanently enjoins Defendants from applying their unlawful policies, and orders Defendants to establish a fair process, in accord with this Order and federal law, whereby all adult Missouri Medicaid recipients can obtain medically necessary incontinence briefs.(Smith, Fran)

June 24, 2011

June 24, 2011

RECAP
53

ORDER entered by Judge Nanette Laughrey. Hiltibran's Motion for Attorney Fees [Doc. # 47] is GRANTED. The Court awards in favor of Hiltibran and against Levy $174,222 in attorney and paralegal fees, plus $400 in other costs, for a total of $174,622. (Kanies, Renea)

Oct. 20, 2011

Oct. 20, 2011

RECAP

Case Details

State / Territory: Missouri

Case Type(s):

Public Benefits/Government Services

Special Collection(s):

Olmstead Cases

Multi-LexSum (in sample)

Key Dates

Filing Date: Aug. 23, 2010

Closing Date: 2011

Case Ongoing: No

Plaintiffs

Plaintiff Description:

Plaintiffs are several individuals with disabilities who receive services in the community through Missouri Medicaid. As a result of their disabilities, the plaintiffs are incontinent.

Plaintiff Type(s):

Private Plaintiff

Attorney Organizations:

Legal Services/Legal Aid

Public Interest Lawyer: Yes

Filed Pro Se: No

Class Action Sought: No

Class Action Outcome: Not sought

Defendants

Missouri Department of Social Services, State

Defendant Type(s):

Jurisdiction-wide

Hospital/Health Department

Case Details

Causes of Action:

Americans with Disabilities Act (ADA), 42 U.S.C. §§ 12111 et seq.

Section 504 (Rehabilitation Act), 29 U.S.C. § 701

Medicaid, 42 U.S.C §1396 (Title XIX of the Social Security Act)

Availably Documents:

Trial Court Docket

Complaint (any)

Injunctive (or Injunctive-like) Relief

Non-settlement Outcome

Any published opinion

Outcome

Prevailing Party: Plaintiff

Nature of Relief:

Injunction / Injunctive-like Settlement

Attorneys fees

Preliminary injunction / Temp. restraining order

Source of Relief:

Litigation

Order Duration: 2011 - 0

Content of Injunction:

Preliminary relief granted

Issues

General:

Bathing and hygiene

Deinstitutionalization/decarceration

Public benefits (includes, e.g., in-state tuition, govt. jobs)

Discrimination-basis:

Disability (inc. reasonable accommodations)

Disability:

disability, unspecified

Integrated setting

Least restrictive environment

Benefit Source:

Medicaid