The Washington State Supreme Court rules that a regulation automatically reducing the personal care benefits of Medicaid recipients who have live-in caregivers violates the federal Medicaid comparability requirement. Jenkins v. Dep't of Soc. & Health Servs. (Wa., Nos. 78652-6 & 78931-2, May 3, 2007).
A Washington State Department of Social and Health Services (DSHS) regulation reduces in-home personal care services accorded disabled Medicaid recipients by 15 percent if the recipients live with their paid caregivers. Three disabled recipients who receive paid in-home personal care services to help them with basic activities of daily living challenged this "shared living rule" on several grounds, including that it violates the federal Medicaid comparability requirements. Trial courts invalidated the regulation and the Washington Court of Appeals affirmed. DSHS appealed.
The Supreme Court of the State of Washington affirms, ruling that the DSHS regulation violates federal comparability requirements and is invalid. "We conclude that no reduction is justified unless an individual determination is made supporting that reclassification," the court writes.
ElderLawAnswers member Rajiv Nagaich of the Law Offices of Johnson & Nagaich was one of the attorneys representing the disabled recipients.
For the full text of this decision, go to: https://www.courts.wa.gov/opinions/index.cfm?fa=opinions.showOpinion&filename=786526MAJ .
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