secured increased Medicaid services for improved nursing support
Jonathan is a 14-year-old boy with a complex set of disabilities due to a negative reaction to the Hepatitis-B vaccine. His mother carefully pieced together the medical and therapeutic services he needs to stay in their home. Although his medical needs remained the same, Texas Medicaid continually tried to reduce supports for Jonathan. Each time, his mother appealed the decision; each time, Jonathan’s supports were reduced for the duration of the appeal – at one point, this stretched out to 85 days of insufficient nursing services. In February of 2005, Disability Rights Texas filed a lawsuit. In December 2006, a federal judge ruled that that Texas Medicaid’s practice of reducing services during the appeal process and without advance notice is a violation of beneficiaries’ constitutional rights.