ADA Expands Range of Individuals that May Be Entitled to Medicaid Funded Home and Community Based Health Care

Townsend v. Quasim, 328 F.3d 511 (9th Cir. 2003)

The Ninth Circuit joins many other courts that have grappled with the scope of the Americans with Disabilities Act (ADA) and its impact on Medicaid waiver programs.  The state of Washington participates in the federal Medicaid program that provides federal financial assistance to states that choose to reimburse certain costs of medical treatment for needy persons.  Participation by states in this program generally is optional but a state receiving Medicaid funds must comply with the requirements of the Medicaid Act.  An exception to this rule is the Medicaid waiver program under which certain Medicaid requirements can be waived for innovative or experimental state health care programs.  The programs encouraged by the waiver program include increased provision of home and community based health care to Medicaid recipients who would otherwise only qualify for nursing home care....

Found in DMHL Volume 23 Issue 1