September 10, 2009

Order Granting Plaintiffs' Motion for Preliminary Injunction in Brantley, et al. v. Maxwell-Jolly, Director of California Department of Health Care Services

On August 18, 2009, a class action lawsuit, Brantley, et al. v. Maxwell-Jolly, Director of California Department of Health Care Services, was filed to contest cuts in Medi-Cal Adult Day Health Care (ADHC) services. The cuts restrict low-income elderly individuals with disabilities to receiving services only three days per week. Previously, Medi-Cal covered five days of ADHC services.

The lawsuit challenges the legality of two aspects of the cuts. First, the reduction does not take the recipients' health problems into account. In addition, if the state permits the maximum number of days to return to five per week, it will implement new, restrictive eligibility criteria that could render many current recipients permanently ineligible for any ADHC services. On August 27, 2009, the plaintiffs sought a temporary restraining order to prevent the cuts. The judge granted the injunction on September 10, 2009.