CAADS - California Association for Adult Day Services

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Legal

Updated AUGUST 17, 2016

Free Legal Assistance Available for Victims of the Valley & Butte Fires (Press Release 10-8-2015)

Medicare Counseling & Advocacy: HICAP offers free, comprehensive information and advice about Medicare. Volunteers in every county help callers understand their rights and options for handling problems with Medicare.

LawHelpCA: Statewide resource for self-help legal information -- Family, Consumer, Disability, Immigration, and more. . .

Legal Aid Association of California (LAAC): Works with the California courts, the State Bar of California, and legal aid nonprofits to coordinate critical legal assistance to low-income Californians and ensure equal access to justice for all Californians.



Medicaid Reimbursement Rates

EFFORTS TO INCREASE MEDI-CAL RATES CONTINUE, DESPITE SCOTUS RULING
APR 2, 2015 | California Healthline
Key Words: Medi-Cal reimbursement rates | access to care | Medi-Cal managed-care plans | AB 366 | SB 243

ARMSTRONG V. EXCEPTIONAL CHILD CENTER BAD FOR POOR SENIORS
MAR 31, 2015 | Justice in Aging | Justice in Aging Health Network Alert
If you believe that poor seniors should have at least the same access to justice through the courts as telecom companies, oil giants, automakers, and the tobacco industry, you should be very disappointed in yesterday’s Supreme Court decision in Armstrong v. Exceptional Child Center. The decision rejected Idaho health care providers’ attempt to enforce a provision of the Medicaid Act that requires states to ensure that doctors and other Medicaid-participating providers are adequately paid.

SCOTUS: PROVIDERS CANNOT SUE OVER LOW MEDICAID REIMBURSEMENTS
MAR 31, 2015 | California Healthline
Key Words: health care providers | Medicaid agencies | low reimbursement rates | access to care | supremacy clause

BREAKING: PROVIDERS CAN'T SUE STATE MEDICAID AGENCIES OVER RATES, SUPREME COURT RULES
MAR 31, 2015 | Modern Healthcare
Key Words: healthcare providers | state Medicaid agencies | low reimbursement rates | supremacy clause | access to care




In Home Supportive Services (IHSS)

FEDERAL JUDGE ORDERS DELAY OF ENTIRE NEW FEDERAL OVERTIME REGULATIONS FOR HOME CARE WORKERS UNTIL JAN 15 HEARING IN WASHINGTON, DC
California will suspend implementation of IHSS overtime until that date

DEC 31, 2014 | CDCAN Report December 31, 2014




CalDuals

LAWSUIT SLAMS THE STATE'S DUALS PROJECT
JUL 7, 2014 | California Heathline
Stakeholders filed a lawsuit in Superior Court lambasting Cal MediConnect, the dual eligibles demonstration project that is part of the state's Coordinated Care Initiative.




Darling v Douglas
[ADHC Medi-Cal Beneficiaries Transfer to CBAS Program]

FEDERAL COURT JUDGE APPROVES DARLING v. DOUGLAS SETTLEMENT
JAN 24, 2012 | Settlement Agreement Summary (11/17/2011; 6 pages) | Settlement Addendum (Filed 4/3/2012; 7 pages) | Settlement Agreement (12/1/2011; 55 pages)

On January 24, 2012 Judge Saundra Brown Armstrong gave final approval to a settlement in the case of Darling v. Douglas. The settlement agreement between the seven plaintiffs who represent a class of 35,000 Adult Day Health Care (ADHC) patients throughout California and the California Department of Health Care Services will transition Medi-Cal patients out of ADHC and into a new Community-Based Adult Services (CBAS) program offered through Medi-Cal managed care plans on or after July 1, 2012. CBAS will offer center-based skilled health and nursing care, therapies, transportation and other services to eligible low income seniors and persons with disabilities.

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COURT ORDER GRANTS PRELIMINARY APPROVAL OF DARLING v. DOUGLAS SETTLEMENT
DEC 14, 2011 | Court Order (12/14/2011; 70 pages)

On December 14, the United States District Court for the Northern District of California issued an order granting preliminary approval of the Darling v. Douglas settlement agreement, directing notice to the class, and setting a scheduling order and fairness hearing. Before final approval may be granted by the court, members of the class are to be notified and afforded an opportunity to object in writing, and/or appear at the Fairness Hearing which will take place on January 24, 2012.

A copy of the notice to class members, in English and appropriate threshold translations, has been posted on the DHCS website at: http://www.dhcs.ca.gov/services/medi-cal/Pages/ADHCClassActionSettlement.aspx.

DHCS will mail the notice in English to all class members. Soon thereafter, notices in threshold languages will be mailed to participants and also posted to the DHCS website. Additionally, DHCS will fax copies of the class notice to all Adult Day Health Care Centers with instructions to post the notice in their centers.

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SERVICES TO CONTINUE FOR ADHC PATIENTS AND FAMILIES, FEDERAL COURT SETTLEMENT REACHED IN DARLING v. DOUGLAS CASE
NOV 17, 2011 | CAADS Media Statement (11/17/2011) | DRC Press Release (11/17/2011) | CA DHCS Press Release (11/17/2011)

Sacramento -- “Immense relief” and “joy” are the words that California Association for Adult Day Services Executive Director Lydia Missaelides uses to describe the sentiments of tens of thousands of elder, chronically ill and disabled patients after a major settlement was reached today in a lawsuit against the state brought on their behalf by Disabilities Rights California.

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PEOPLE WITH DISABILITIES SUE TO HALT ELIMINATION OF ADULT DAY HEALTH CARE
JUN 9, 2011 (courtesy of Disability Rights California)

Oakland, CA -- Today, seven plaintiffs filed a motion for a preliminary injunction in a class action lawsuit on behalf of 35,000 low-income people with disabilities, including older adults. Filed in federal court, the case is called Darling et al. v Douglas, et al. C:09-03798 SBA.

Plaintiffs seek to stop the state from eliminating Adult Day Health Care (ADHC) as a Medi-Cal benefit, as of September 1, 2011 without ensuring that affected people are not harmed, including by being hospitalized or placed in nursing homes.

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OBAMA ADMINISTRATION OPPOSES CHALLENGES TO MEDICAID CUTS
MAY 28, 2011 | New York Times Article by Robert Pear (5/28/2011)

Washington -- Medicaid recipients and health care providers cannot sue state officials to challenge cuts in Medicaid payments, even if such cuts compromise access to health care for poor people, the Obama administration has told the Supreme Court.

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U.S. DEPT OF JUSTICE FILES "FRIEND OF THE COURT" BRIEF SUPPORTING DRC LAWSUIT COTA (BRANTLEY) v. DAVID MAXWELL-JOLLY -- THE 2010 ADHC MEDICAL NECESSITY CRITERIA CASE
JUN 28, 2010 | U.S. DOJ Amicus Brief (6/28/2010; 38 pages)

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PRELIMINARY INJUNCTION ORDERED BY FEDERAL COURT IN BRANTLEY v. DAVID MAXWELL-JOLLY STOPS NEW ADHC MEDICAL NECESSITY CRITERIA FROM TAKING EFFECT
FEB 24, 2010 | Order Granting Plaintiffs' Motion for Preliminary Injunction (2/24/2010; 26 pages)

On February 24, 2010, a federal court stopped new ADHC medical necessity criteria from taking effect March 1, 2010 as approved in the 2009-10 state budget trailer bill (AB4X 5). The state was also ordered to provide notice to ADHC Medi-Cal beneficiaries.

On August 18, 2009, Disability Rights California challenged in federal court the Medi-Cal budget cuts to the Adult Day Health Care program that temporarily limited beneficiaries to no more than three days per week attendance, leaving no alternatives for many older Californians with serious disabilities who needed care four or five days per week (Brantley v. Maxwell Jolly). The judge granted the motion for preliminary injunction on September 10, 2009.

On December 18, 2009 an amended legal brief was filed by Disability Rights California, and on January 19, 2010 a motion for preliminary injunction was filed challenging the legality of new ADHC eligibility and medical necessity criteria.

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FEDERAL ACTION ON CALIFORNIA DHCS STATE PLAN AMENDMENT, ACTION ON 2008 PROVIDER RATE CUT
NOV 18, 2010 | Action on 2008 Provider Rate Cut (11/18/2010; 2 pages)

 

 

California Association for Adult Day Services
1107 9th Street, Suite 701 || Sacramento, CA 95814-3610
T:  (916) 552-7400  ||  F:  (866) 725-3123 
E:  caads@caads.org

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