Associated Press Published

Judge Rules Medicaid Waiver Lawsuit Can Be Class Action


People who have been affected by cuts to West Virginia’s Medicaid Intellectual/Developmental Disabilities waiver program may join a lawsuit against the state Department of Health and Human Resources.

The Charleston Gazette-Mail reports that U.S. District Judge Thomas Johnston granted class-action status to a lawsuit filed by Mountain State Justice on behalf of five disabled residents over the cuts.

The program provides disabled Medicaid recipients in West Virginia money for in-home services and community-based programs.

The Sept. 30 ruling defined the class as all people who were or will be qualified individuals with disabilities, and who are eligible recipients of the waiver program services and subject to a benefit and service eligibility process.

DHHR spokeswoman Allison Adler said the department hadn’t been notified of the ruling.