Filed Date: May 23, 2018
Closed Date: July 9, 2018
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The plaintiffs filed a lawsuit in state court to challenge the fair hearing decision on May 23, 2018. The state removed the case to the US District Court, Federal District of Alaska on June 22, 2018. The case was assigned to Judge H. Russel Holland. Plaintiffs are two brothers each eligible for Alaska Medicaid waiver services, For years, they had each received 15 hours per week of individual day habilitation and 15 hours per week of group day habilitation services. Their services were reduced and the plaintiffs filed a fair hearing request. The request was unsuccessful. The reason given was that Alaska had recently amended its waiver limiting day habilitation services to 12 hours per week, per year, unless more is “necessary to protect the recipient’s health and safety; and … prevent institutionalization.” The parties entered into a settlement agreement and the case was dismissed on July 9, 2018.
Summary Authors
NDRN (9/11/2022)
See docket on RECAP: https://www.courtlistener.com/docket/7260892/es-v-state-of-alaska-department-of-health-and-social-services/
Last updated March 18, 2023, 3:05 a.m.
State / Territory: Alaska
Case Type(s):
Key Dates
Filing Date: May 23, 2018
Closing Date: July 9, 2018
Case Ongoing: No
Plaintiffs
Plaintiff Description:
individual plaintiffs
Plaintiff Type(s):
Attorney Organizations:
NDRN/Protection & Advocacy Organizations
Public Interest Lawyer: Yes
Filed Pro Se: No
Class Action Sought: No
Class Action Outcome: Not sought
Defendants
Defendant Type(s):
Case Details
Causes of Action:
Medicaid, 42 U.S.C §1396 (Title XIX of the Social Security Act)
Available Documents:
Injunctive (or Injunctive-like) Relief
Outcome
Prevailing Party: Plaintiff
Nature of Relief:
Injunction / Injunctive-like Settlement
Source of Relief:
Form of Settlement:
Content of Injunction:
Preliminary relief request withdrawn/mooted
Issues
Disability: