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July 30, 2007
London et al, v. Agwunobi & Johnson
The plaintiffs, including the Advocacy Center for Persons with
Disabilities, Inc., seek a restraining order to block the cuts. The
lawsuit seeks class action status because approximately 4,000 people were
affected by the PCA cuts; it also seeks class action status for a
sub-class of developmentally disabled youth under the age of 21.
The lawsuit cites the following complaints:
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Before notifying the plaintiffs, there was no determination that the
amount of PCA services previously authorized were no longer medically
necessary.
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APDs notice about the cuts failed to mention that children and youth
under the age of 21 could receive PCA services through Early and Periodic
Screening, Diagnosis, and Treatment program (EPSDT), nor did APD ensure
that the plaintiffs under the age of 21 would continue to have necessary
coverage through EPSDT.
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