A Washington statute prohibiting Medicaid payments to home health agencies for personal care services furnished by a recipient's family member did not violate any rights of either the recipient or the family member under the Americans with Disabilities Act (ADA) because the state's action was based on family status, not the disability of the Medicaid beneficiary. The law made no change in the amount, duration or scope of services available to the recipient. The law permitted a relative who was not legally responsible for the recipient's care to be compensated as an individual provider but not as an employee. The providers and recipients did not prove that the legislation would cause unnecessary institutionalization of the recipients. The law did not violate any rights of recipients or providers under the Equal Protection Clause of the U.S. Constitution because the decision not to pay for a home health agency to perform the functions of an employer was rationally related to a legitimate state interest. A preliminary injunction against implementation of the law was denied.
A Washington statute prohibiting payment to home health agencies for personal care services furnished to a recipient by a family member did not violate the comparability of services requirement of Soc. Sec. Act §1902(a)(10)(B) because the law made no change in the amount or scope of the services provided to a recipient. It did not violate the recipients' right to free choice of provider under Soc. Sec. Act §1902(a)(23)(A) because the beneficiary remained free to choose the family member as an individual provider, to choose a different individual provider, or an agency. The recipients and providers also did not establish that the law would affect the recipients' access to care in violation of Soc. Sec. Act §1902(a)(30)(A) because the law did not affect the rates paid to either home health agencies or individual providers. A preliminary injunction was denied.
Carter v. Gregoire, W.D. Wash., Aug. 12, 2009, ¶302,954
For more information on this and related topics, consult the CCH® Medicare and Medicaid Guide.
Visit our News Library to read more news stories.
