Rossart v. Developmental Pathways, Inc.

This is an action for judicial review, damages, and other relief arising under the Medicaid Act, Section 504 of the Rehabilitation Act, Title II and III of the Americans with Disabilities Act (ADA), and other sources of state and federal law. Defendants unlawfully denied the plaintiff developmental disabilities services, discriminated against her by reason of disability, and deprived her of federal rights associated with obtaining developmental disabilities services.

The plaintiff had been considered developmentally delayed as a child and had been assigned to special education for schooling. Family provided the majority of assistance with daily living activities. At age 50 the plaintiff, lacking family support due to death of parents, sought Social Security disability benefits, which were approved. The plaintiff then asked for assistance with daily living activities from the defendants, who provide community-based developmental disabilities services. The plaintiff was denied these services on the grounds that the plaintiffs disabilities were not among those defined by Colorado state law. In this denial, the plaintiff was denied access to both state and Medicaid funded services. The plaintiff was given the opportunity to appeal only the state denial, but was not permitted a Medicaid fair hearing appeal.

The plaintiff seeks four main rulings:

• Reversal of the Colorado Department of Human Services Final Agency Decision Denial of developmental disability services
  
   
• An award of state-funded developmental disabilities services
  
   
• An injunction ordering the defendants to provide the plaintiff with notice and the opportunity to appeal the denial of Medicaid-funded developmental disabilities services via a Medicaid fair hearing
  
   
• An award of actual, compensatory, and punitive damages for all claims allowed by law in an amount to be determined at trial