News Release

INDIANAPOLIS – Indiana Disability Rights and ACLU of Indiana filed a federal complaint today challenging the Indiana Family and Social Services Administration’s changes to the Aged and Disabled Medicaid Waiver Program that they allege threatens the safety and well-being of medically complex children.

According to the ACLU of Indiana, the policy change will prohibit parents of children from serving as paid providers of “attendant care” services through the waiver program. The lawsuit alleges FSSA’s policy change, set to take effect on July 1, will deny these medically complex children access to the critical in-home care they need, putting them at risk for institutionalization.

“Children with medically complex conditions often need near constant care and supervision,” said Indiana Disability Rights Executive Director Melissa Keyes. “Parents and families have for years been able to cobble together a patchwork of services and caregivers, including serving as paid caregivers themselves, to ensure their children have what they need to live safely in the community. Now, FSSA is throwing a wrench in those plans without ensuring there are appropriate alternatives available.”

The lawsuit filed Friday, May 17, in federal district court in Indianapolis is brought by two minor A&D Waiver participants with complex medical needs who receive attendant care from their mothers, and the Indiana Protection and Advocacy Services Commission.

The lawsuit asks the court to direct FSSA to ensure that the state provides the care necessary for medically complex individuals to remain in the community. Plaintiffs say relief is urgently needed to both named plaintiffs and hundreds of similarly situated Hoosiers. The lawsuit argues that FSSA’s actions violate the Americans with Disabilities Act’s integration mandate, the Rehabilitation Act, and numerous Medicaid rules, including choice of services provisions.

“The Americans with Disabilities Act and the Olmstead decision are clear: children with disabilities deserve the opportunity to live and thrive in their communities, not be forced into institutions,” said ACLU of Indiana Senior Staff Attorney Gavin Rose. “We are committed to ensuring these children can remain safe and healthy at home with their families.”

“This policy not only ignores the critical needs of these medically complex children, but it also disrespects the incredible dedication of their parents who have become experts in caring for their unique situations,” said Indiana Disability Rights Legal Director Tom Crishon. “We are filing this lawsuit to ensure these children can continue to receive the care they need in their homes and communities.”