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Monday, May 2, 2016

Resident to still receive care

Sunday, December 21, 2008

A Clay County woman suffering from cerebral palsy will continue to receive care from the Indiana Family and Social Services Administration (FSSA) for now.

The American Civil Liberties Union of Indiana (ACLU) filed a lawsuit against the FSSA on behalf of county resident Edna Chadwell and others earlier this year.

Recently, ACLU Attorney Gavin M. Rose told The Brazil Times a court-ordered motion would allow Chadwell to continue receiving care through the program.

"She will get no reduction in hourly care," Rose said. "She will not be constrained to a 40-hour week limit."

On Tuesday, Clay County Superior Court Judge J. Blaine Akers ruled the FSSA must continue attendant care services, rather than placing a 40-hour week cap on such services.

"Her care will not suffer," Rose said. "But it's not something that will last forever."

Chadwell joined several others statewide in a lawsuit against the FSSA regarding the Aged and Disabled Waiver Program.

Rose told The Brazil Times the program was to permit Medicaid recipients who "otherwise required institutionalization for their conditions -- whether that be in a nursing home, a hospital or another facility -- to receive services in their home or a community-based setting."

Rose said every five years, the waiver program has to be renewed by the FSSA and the renewal then must be approved by the United States Department of Health and Human Services.

However, when the program was renewed this year, the FSSA, according to Rose, included a limitation on the number of "attendant care" hours that enrollees may receive.

According to Akers' ruling, the injunction "shall last through final judgment and/or decision in this case, unless otherwise ordered by this court."

No court date has been set for the case.

In August, Chadwell had informed The Times of her situation.

She is confined to a wheelchair and is physically dependant upon others for assistance with basic needs.

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Thank you Judge Akers for doing what was right and what was needed all along!

-- Posted by mom of3 on Mon, Dec 22, 2008, at 12:53 PM

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