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Washington Protection & Advocacy System Pursuing justice on behalf of people with disabilities on matters related to their human, legal, and civil rights. Promoting Dignity, Equality and Self-Determination.
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Proposed Settlement in Boyle v. Arnold-WilliamsWPAS has entered into an agreement that would settle a lawsuit called Boyle v Arnold-Williams. The Boyle lawsuit was filed in November of 2001. Before the Boyle lawsuit was filed, clients of the Division of Developmental Disabilities (DDD) were incurring a number of problems in receiving their Medicaid Home and Community Based Services (HCBS). For example, one problem was that Many DDD clients receiving waiver services also were not getting services in a timely fashion once they requested them and DDD had authorized them. Many DDD clients were also not getting adequate assessments of their needs and/or not having their needs addressed in their individual support plans. In addition, DDD clients receiving Medicaid waiver services were not being provided the full range of services offered under the waiver on which they were placed. Several years ago, DDD went from having one Medicaid HCBS waiver to four different HCBS waivers. The four new waivers were: 1) the Basic waiver; 2) the Basic Plus waiver; 3) the Core waiver; and 4) the Community Protection waiver. When DDD went from the one waiver to the 4 waivers, many people were placed on one of the four waivers without proper assessments of their needs to determine upon which waiver they should be placed. They were also not given an opportunity to appeal their placement on one of the four waivers. These are just some of the many issues that led to the filing of the Boyle lawsuit. The proposed settlement, if approved by the court will address all of these and other issues raised in the case. Among other things, the Proposed Settlement Agreement will help to make sure that DDD clients who are currently on one of the waivers or receive waiver services, get proper assessment of their service need and get their services on time. The settlement will also make sure that DDD notifies people properly of their appeal rights. For a detailed description of how these issues will be addressed by the proposed settlement, please see the Boyle Proposed Settlement Agreement information sheet which is available on the WPAS website. Below are links to materials about the proposed settlement of the lawsuit Boyle v. Arnold-Williams: If you have trouble accessing these documents or if you require any of them in an alternate format such as audio or large print, please contact our office at 800-562-2702 (800- 905-0209 TTY) and ask for Jessica McDaneld. Information sheet about the Proposed Settlement Agreement En Espanol Information sheet about the Proposed Settlement Agreement (LARGE PRINT version) Amended Notice of Proposed Settlement and Fairness Hearing Letter from Mark Stroh, WPAS Executive Director If you need the Amended Notice of Proposed Settlement and Fairness Hearing in an alternate language, please click on one of the links below. If your language is not listed, please click here to find out how to obtain the information in your language. |
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