INDIANAPOLIS – Disability Rights Indiana (IDR) and the ACLU of Indiana filed a federal complaint today alleging that changes to the Indiana Family and Social Services Administration’s (FSSA) Elderly and Disabled Medicaid Waiver Program (A&D Waiver) threaten the safety and well-being of medically complex children. The policy changes would prohibit a child’s parents from being paid providers of “caregiving” services through the waiver program. The lawsuit alleges that FSSA’s policy changes, set to take effect July 1, 2024, will prevent medically complex children from receiving the critical home care they need and put them at risk of institutionalization.
“Children with medically complex conditions often require near-constant care and supervision, and for years parents and families have pooled together a variety of services and caregivers, including paid caregivers themselves, to ensure their children have what they need to live safely in the community,” said Melissa Keyes, executive director of the Indiana Disability Rights Coalition. “Now the FSSA is disrupting those plans without ensuring that appropriate alternatives are in place.”
The lawsuit filed today in U.S. District Court in Indianapolis was brought by two minor A&D exemptions with complex medical needs who are in the care of their mother, and the Indiana Protective and Advocate Services Commission. The lawsuit asks the court to direct the FSSA to ensure the state provides the care medically complex individuals need to remain in the community. The plaintiffs say urgent relief is needed for both the named plaintiffs and hundreds of Indiana residents in similar situations. The lawsuit alleges that the FSSA’s actions violate numerous Medicaid regulations, including the integration mandate of the Americans with Disabilities Act, the Rehabilitation Act, and the service choice clause.
“The Americans with Disabilities Act and the Olmstead decision are clear: children with disabilities should have the opportunity to live and grow in their communities, and should not be forced into institutions,” said Gavin Rose, senior staff attorney for the ACLU of Indiana. “We are committed to keeping these children safe and healthy at home with their families.”
“This policy not only ignores the critical needs of these medically complex children, but it also disregards the incredible dedication of their parents who have become experts in caring for their unique circumstances,” said Tom Crishon, legal director for the Indiana Disability Rights Coalition. “We are filing this lawsuit to ensure these children can continue to receive the care they need in their homes and communities.”
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The Indiana Protection and Advocacy Services (IPAS) Board oversees the activities of Disability Rights Indiana. Disability Rights Indiana (IDR) is Indiana’s designated protection and advocacy system and client assistance program. IDR’s mission is to advocate for, promote and advance the rights of people with disabilities through empowerment and advocacy to achieve a more equitable society. For more information, visit www.IndianaDisabilityRights.org.
The ACLU Indiana is the guardian of our state’s freedoms, working every day to protect and preserve the individual rights and liberties guaranteed in the U.S. and Indiana Constitutions and laws. Through education, advocacy and litigation, we work to protect the rights of all people and extend rights to communities that have been historically mistreated in the United States, including Native Americans and other people of color, women, LGBTQ+ people, prisoners, people with disabilities and the poor. We are nonprofit and nonpartisan and do not charge for our services. The costs of our work are funded by member dues, donations and grants from private foundations and individuals.