Federal Judge Blocks State Budget Cuts to Adult Day Health Care Services

Federal Judge Blocks State Budget Cuts to Adult Day Health Care Services
A federal district court judge issued an order on 9/10/09 blocking California’s budget reductions to Adult Day Health Care services, marking a substantial victory for disability and senior rights advocates and thousandsof California beneficiaries using ADHC services. Earlier this summer, the Governor had signed budget revisions reducing the amount of days covered for ADHC services from 5 to 3 days per week, a 40% reduction. This cut would have forced many people who are able to live in the community due to ADHC services into institutionalized settings. Federal District Court Judge Saundra Brown Armstrong said that the cuts would likely be in violation of the federal Americans with Disabilities Act and Section 504 of the federal Rehabilitation Act, and therefore issued a preliminary injunction – or temporary order – to stop the cuts until appropriate replacement services are in place.
The case was filed on behalf of persons who use Adult Day Health Services, by Disability Rights of California (formerly Protection and Advocacy, Inc), the National Seniors Law Center and AARP Foundation Litigation.
The federal Judge’s Order (copy of the entire 24 page order) is available on the California Disability Community Action Network (CDCAN) website at www.cdcan.us.

A federal district court judge issued an order on 9/10/09 blocking California’s budget reductions to Adult Day Health Care (ADHC) services, marking a substantial victory for disability and senior rights advocates and thousands of California beneficiaries using ADHC. Earlier this summer, the Governor had signed budget revisions reducing the amount of days covered for ADHC services from 5 to 3 days per week, a 40% reduction. This cut would have forced many people who are able to live in the community due to ADHC services into institutionalized settings. Federal District Court Judge Saundra Brown Armstrong said that the cuts would likely be in violation of the federal Americans with Disabilities Act and Section 504 of the federal Rehabilitation Act, and therefore issued a preliminary injunction – or temporary order – to stop the cuts until appropriate replacement services are in place.

The case was filed on behalf of persons who use Adult Day Health Services, by Disability Rights of California (formerly Protection and Advocacy, Inc), the National Seniors Law Center and AARP Foundation Litigation.

The federal Judge’s Order (copy of the entire 24 page order) is available on the California Disability Community Action Network (CDCAN) website.

Our blogger Karen J. Fletcher is CHA's publications consultant. She provides technical expertise, writing and research on Medicare, health disparities and other health care issues. With a Masters in Public Health from UC Berkeley, she serves in health advocacy as a trainer and consultant. See her current articles.

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