Advocates’ Challenge to Adult Day Process Denied

A federal judge ruled last week to deny a motion that would have forced the Department of Health Care Services to alter the way it is handling enrollment in the new Community Based Adult Services program.

The ruling means CBAS enrollment will continue without changes unless Disability Rights California, the health advocacy group that filed the motion, appeals the ruling. Deadline for appeal is Friday.

“The federal Magistrate recommended full denial of the plaintiffs’ motion regarding their concern with the state’s implementation of the Adult Day Health Care settlement agreement,” Norman Williams, director of public affairs for DHCS, said in a written statement.

“The motion addressed numerous important aspects of the implementation process. In each case the Magistrate found that the state has proceeded in an appropriate manner, acted in good faith, and was fully compliant with the settlement agreement,” Williams wrote.

In her ruling issued Nov. 20 U.S. Magistrate Judge Jacqueline Scott Corley decided against all four of DRC’s complaints. She ruled quality reviews of eligibility by DHCS are legal and that any delays in the eligibility hearing decisions did not violate the agreement.

“The Court is also not persuaded that Defendants’ actions have violated … access and capacity [requirements],” Corley wrote.

Williams said the judge’s decision is one more step in the successful implementation of the CBAS system. “We look forward to continuing our work with the plaintiffs to implement the settlement agreement and provide vital health care services through the Community-Based Adult Services program,” Williams wrote.