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Home / News / Indiana News


FAMILIES SUE INDIANA MEDICAID AGENCY OVER ATTENDANT CARE PROGRAM


FAMILIES SUE TO BLOCK ATTENDANT CARE PROGRAM CHANGES

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by: Garrett Bergquist
Posted: May 17, 2024 / 03:55 PM EST / Updated: May 17, 2024 / 05:56 PM EST

INDIANAPOLIS (WISH) — Families of several medically complex children filed a
federal lawsuit on Friday seeking to block planned changes to Indiana’s
attendant care program.

Filed on behalf of two families with children who have multiple severe medical
problems, the lawsuit asks a federal judge to block the Family and Social
Services Administration (FSSA) from making parents ineligible to take part in
the attendant care program beginning July 1.

“FSSA has failed in its duty under federal Medicaid law to ensure that the
individual plaintiffs and (Indiana Protection and Advocacy Services’) other
constituents receive skilled services that are necessary to ensure that their
medical needs are met and that they are able to continue residing safely and
securely in the community,” attorneys wrote.

The filing marks the latest twist in the controversy surrounding the attendant
care program. The program provides reimbursement for people who care for
medically complex individuals. Under the attendant care program, Medicaid
service provider agencies are reimbursed at a rate of a little over $34 per hour
and split that amount with the people who provide care to the patients
themselves. Currently, parents can receive reimbursement under the program.
Beginning July 1, parents will instead have to enroll in the structured family
caregiving program, which reimburses at a rate of at most $133 per day. Parents
would have to turn over day-to-day care for their children to a nurse or other
practitioner if they want to continue using the attendant care program.

Families of medically complex children have lobbied for months to prevent the
change from moving forward. Parents told News 8 earlier this year the attendant
care program has allowed them to provide 24-hour care to their children while
still supporting their family. Many have said turning over day-to-day care to a
nurse doesn’t work because their children often require live-in care and they
would have to retrain personnel on their children’s needs if a nurse left for
another job.

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The lawsuit claims FSSA violated the Americans with Disabilities Act because the
agency’s actions would effectively force parents to institutionalize their
children. The plaintiffs also say the FSSA’s rule prohibiting users of the
structured family caregiving program from using attendant care services is a
denial of medically-necessary care.

FSSA officials said the agency does not comment on pending litigation.

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PREVIOUS COVERAGE

 * Disability advocate says attendant care families face tough choice
 * Parents meet with Indiana officials over problems in attendant care program
 * Indiana lawmakers wrap up session with partial fix for attendant care






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