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July 30, 2007

ShareLondon 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:

  • Before notifying the plaintiffs, there was no determination that the amount of PCA services previously authorized were no longer medically necessary.
     

  • 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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