L.C. v Olmstead Issue

Olympia (WA). Viewed 126 times. Posted 8 months ago in Government. Flag this as objectionable

A young adult with Down Syndrome who is Medicaid eligible and who has been determined to be both eligible for and entitled to institutional services has requested reasonable accommodation of those services to be able to remain in the community. The Washington State Medicaid agency has refused her request (ignored it). Denied reasonable accommodation, she then requested institutional placement. The agency ignored that request as well. She requested a Fair Hearing under federal Medicaid law and the agency denied her a hearing citing state agency rules (that supercede federal law?). She is facing the termination of her transitional housing - and homelessness. What should she do? Being penniless, how should she do it?

Answers (1)

Craig Edward Kennedy

0 of 1 users found this helpful. Posted 8 months ago. Flag this as objectionable

There are a number of issues you have raised here.

First, DSHS is the agency responsible for administering the Medicaid program in Washington State. I assume you have contacted the DSHS ombudsman? If you haven't, I recommend you do so immediately. You live in Olympia, so access to the State Offices of DSHS is really rather simple. But just in case, here's the link to the DSHS Ombudsman Office:

http://www.digitalarchives.wa.gov/governorlocke/ofco/02rpt/summary.pdf

Frankly, I can't imagine that the State agency won't help assist a Disabled Adult Child (DAC) with community placement. It is my recommendation that you try the Ombudsman FIRST. If you fail that, you may wish to locate local counsel to assist with your claims and appeals. In my experience, and as a former DSHS employee, the agency goes out of its way to assist in these cases.

I hope this helps!

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