NEWS ITEM

District Court Enjoins California from Cutting Off In-Home Supportive Services

Finds Likelihood of Success on Claim that Service Cut-Off Would be Illegal and Finds that Elderly and Disabled Individuals Would Suffer Irreparable Harm

October 19, 2009 -- Federal District Court Judge Claudia Wilken today enjoined California from terminating In-Home Supportive Services (IHSS) to 40,000 low-income elderly, blind, or disabled individuals, and from reducing IHSS services to another 90,000 individuals. Judge Wilken found that the service reductions and eliminations were arbitrary and likely violated the Medicaid Act and would cause "incredible human suffering and injury," and that the State's notice implementing those cuts violated the Due Process Clause.

The lawsuit to prevent the termination of services was filed by IHSS recipients who would have lost eligibilty and by labor unions representing IHSS providers. Altshuler Berzon LLP represented the provider unions, SEIU-United Healthcare Workers West, SEIU United Long-Term Care Workers, SEIU Local 521, SEIU California State Council, AFSCME United Domestic Workers, and California United Homecare Workers. Disability Rights California, Disability Rights Legal Center, National Health Law Program, National Senior Citizen Law Center, and Law Offices of Charlie Wolfinger represented the plaintiff IHSS recipients.

[Update: On October 23, 2009, Judge Wilken issued her Order Granting Plaintiffs' Motion for a Preliminary Injunction. A copy is posted below.]

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