Appeals Court Overturns State's Denial of Nursing Home Resident's Request for Motorized Wheelchair

A New Jersey appeals court overturns the state Division of Medical Assistance and Health Services\’ denial of a woman with disabilities\’ request for a motorized wheelchair to help her get around a nursing home, finding that it is medically necessary and not equipment that a nursing home would typically provide as part of its per diem services.  M.S. v. Division of Medical Assistance and Health Services (N.J.Sup.Ct.App.Div., No. A-4816-13T3, Jan. 14, 2016).

Attendants Not Entitled to Compensation for Driving People with Disabilities to Medical Appointments

The 10th Circuit Court of Appeals upholds a federal district court\’s decision to dismiss a case brought by a Colorado woman with disabilities who alleged discrimination after the state refused to compensate her personal care attendant for their time driving her to medical appointments.  Taylor v. Colorado Department of Health Care Policy and Financing (10th Cir., No. 14-1161, Jan. 26, 2016).

Federal Court Grants Preliminary Injunction Continuing Medicaid Benefits in Decanting Case

A federal district court grants a Medicaid beneficiary\’s request for a preliminary injunction preventing the Connecticut Department of Social Services from treating two trusts established for the beneficiary by her deceased mother as countable resources before they were decanted into supplemental needs trusts.  Simonsen v. Bremby (D.Ct., No. 15-cv-1399, Dec. 23, 2015).

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