The Online Resource for Massachusetts Poverty Law Advocates

Hermanson v DMA Lawsuit: personal care services for seniors

Date: 
09/13/2002
Author: 
Multiple

This lawsuit was filed in 2000 by WMLS & DLC lawyers on behalf of individuals age 65 & older who were in nursing homes paid by MassHealth or would qualify for MassHealth for nursing facility care but did not qualify for MassHealth in the community to pay for PCAs that could enable them to avoid institutional care. Organizatioal plaintiffs were the Stavros ILC and Mass. Senior Action. Claims were based on the ADA, Section 504 and Equal Protection. The case was favorably settled in 2002 with the state amending the state plan to provide for a deduction in income for seniors needing PCAs that enabled those with income not over 133% FPL (the upper income limit for disabled adults under 65) to qualify for MassHealth and those with income over 133% to qualify after meeting a lower 6-month deductible/spenddown amount. The rule providing for the PCA deduction is at 130 CMR 520.013. Great work by Pat Rae, Peter Benjamin and Stefanie Kranz.

Attached are the following documents:

1. The complaint,

2. The plaintiff's memo in support of preliminary relief

3. The settlement document, and

4. The plaintiff's summary of the settlement.

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