Challenging benefit reductions. The claims of an adult with developmental disabilities and his mother challenging the Hawaii Medicaid agency's planned automatic 15 percent reduction of his home- and community-based services were not yet ripe because an administrative appeal was pending. Therefore, they were not allowed to join a pending civil rights action. Like other plaintiffs in the same action (see ¶302,878), the beneficiary would continue to receive assistance at the same level until the administrative appeal was decided. Because it was possible that the agency would not reduce his assistance at all, the dispute was not yet a case that the federal court could decide.
Summer H. v. Fukino, D. Haw., June 9, 2009
For more information on this and related topics, consult the CCH® Medicare and Medicaid Guide.
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