Groups Seek Restored Funding for Services for Those With Disabilities

On Wednesday, two groups filed a lawsuit against California for allegedly violating federal and state law by failing to provide adequate funds for programs that serve about 245,000 individuals with developmental disabilities, the San Diego Union-Tribune reports.

The lawsuit was filed by United Cerebral Palsy of San Diego County and the Arc of California against the California Department of Developmental Services and the Department of Health Care Services (Ignelzi, San Diego Union-Tribune, 9/28).

Details of the Lawsuit

California froze reimbursement rates for community service providers in 2003 and slashed rates by 3% in 2009. The lawsuit states that the payment cut was increased to 4.25% last year and extended through June 2012 (Anderson, Fresno Bee, 9/28).

The plaintiffs claim that the state violated the Federal Home and Community-Based Service Providers waiver program by cutting rates without federal approval (Richman, Contra Costa Times, 9/29). According to the lawsuit, federal officials must sign off on rate cuts because the state receives federal Medicaid funds to provide services for residents with disabilities. William McLaughlin, the lead attorney on the lawsuit, said California also did not consider the effects of the cuts (Fresno Bee, 9/28).

In addition, the lawsuit alleges that California has violated the state's Lanterman Act, which guarantees individuals with intellectual and developmental disabilities the right to receive the services needed to live as independently as possible (Contra Costa Times, 9/29).  

The lawsuit seeks an injunction to stop the state from reducing or freezing funding of programs for those with developmental disabilities and to restore service provider rates to pre-2009 levels (Fresno Bee, 9/28). The plaintiffs also want the state to be barred from imposing mandatory furloughs of such services for 14 days every year (Yamamura, Sacramento Bee, 9/29).

State Response

Nancy Lungren -- spokesperson for the state Department of Developmental Services -- noted that California is the only state that offers an entitlement for services for people with developmental disabilities.

Lungren said that difficult decisions have been made to address the state's budget deficit and that "consumer health and safety remains our highest priority" (Contra Costa Times, 9/29).

She noted that the agency does not comment on pending legal action (Fresno Bee, 9/28).

For additional coverage on the filing of the lawsuit, see today's Capitol Desk post.