In December 2008, Clay County Superior Court Judge J. Blaine Akers ruled the Indiana Family and Social Services Administration (FSSA) had to continue attendant care services rather than placing a 40-hour week cap on services.
American Civil Liberties Union of Indiana (ACLU) Attorney Gavin Rose spoke to The Brazil Times via e-mail recently regarding the latest on the case.
"I do not know exactly why the State asked the court to dissolve the injunction," Rose said. "I did not expect the State's motion, but I'm not terribly surprised by it, either."
The ACLU filed a lawsuit against the FSSA late last year on behalf of county resident Edna Chadwell and others. Chadwell joined others statewide in the lawsuit against the FSSA regarding the Aged and Disabled Waiver Program. The program, according to Rose, permits 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."
According to Rose, the waiver program has to be renewed by the FSSA every five years and the renewal then must be approved by the United States Department of Health and Human Services.
But when the program was renewed this year, Rose said the FSSA included a limitation on the number of "attendant care" hours that enrollees may receive.
On Thursday, Rose -- via e-mail -- said the case may go in one of three directions.
"The State may appeal the injunction, although at this point, an appeal may not even be timely," Rose said. "Or, the case can simply proceed toward a final judgment on the merits, which is the same direction that it would proceed without the State's motion."
Rose added if the court decides against all odds to dissolve the injunction, he would have to speak to the plaintiffs about a new direction, but the ability to appeal the decision would still be available.
In August 2008, Chadwell informed The Brazil Times of her situation. She is confined to a wheelchair and is physically dependant upon others for assistance with basic needs.