Filed Date: July 2, 2018
Closed Date: Aug. 30, 2018
Clearinghouse coding complete
Plaintiff seeks to access General Revenue funds to meet her needs for 24-hour nursing that extends beyond the Medicaid HCBS waiver cost cap. During an Administrative Hearing, the hearing officer denied her request for additional hours beyond the Waiver cap and did not address the availability of additional State funding, On July 2, 2018, Disability Rights Texas filed a lawsuit to challenge the hearing office decision in the District Court for the Northern District of Texas against Defendant, Texas Health and Human Services Commission for failure to provide sufficient due process and for violation of the Americans with Disabilities integration mandate. Case assigned to Judge Jane J. Boyle. The District Court ruled for Plaintiff on a temporary restraining order on July 16, 2018. The plaintiff voluntarily dismissed the case and case was closed on August 30, 2018.
Summary Authors
NDRN (8/11/2022)
For PACER's information on parties and their attorneys, see: https://www.courtlistener.com/docket/13517560/parties/harrison-v-young/
Boyle, Jane J. (Texas)
See docket on RECAP: https://www.courtlistener.com/docket/13517560/harrison-v-young/
Last updated Dec. 16, 2024, 3:58 p.m.
Docket sheet not available via the Clearinghouse.State / Territory: Texas
Case Type(s):
Healthcare Access and Reproductive Issues
Key Dates
Filing Date: July 2, 2018
Closing Date: Aug. 30, 2018
Case Ongoing: No
Plaintiffs
Plaintiff Description:
individual plaintiff
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
TEXAS HEALTH AND HUMAN SERVICES COMMISSION, State
Defendant Type(s):
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
Constitutional Clause(s):
Due Process: Substantive Due Process
Available Documents:
Outcome
Prevailing Party: Plaintiff
Nature of Relief:
Preliminary injunction / Temp. restraining order
Source of Relief:
Form of Settlement:
Content of Injunction:
Issues
Disability and Disability Rights: