NEWS ITEM

Federal Court Issues TRO Preventing Major Reductions in Home Care Hours in California

Court Rules That Reductions Would Cause Immediate and Irreparable Harm to Medicaid Recipients

December 1, 2011 - The United States District Court for the Northern District of California issued a TRO preventing California from implementing 20 percent reductions in hours for home care services that permit elderly, disabled, or blind individuals to remain at home rather than being forced into nursing homes or other institutions. California was set to cut home care hours for 372,000 Medicaid recipients on January 1, 2012 but those reductions are now on hold pending a preliminary injunction hearing, which has yet to be scheduled. In issuing the TRO, the district court found that "[t]he planned IHSS reductions, unless enjoined, will cause immediate and irreparable harm by placing members of the plaintiff class at imminent and serious risk of harm to their health and safety, as well as of unnecessary and unwanted out-of-home placement including institutionalization." The court further found that there were serious questions regarding the lawfulness of the reductions under the Americans with Disabilities Act, Medicaid Act, and Due Process Clause of the U.S. Constitution.

Altshuler Berzon LLP represents plaintiff labor unions of home care providers: SEIU-United Healthcare Workers West, SEIU United Long-Term Care Workers, SEIU Local 521, SEIU California State Council, AFSCME United Domestic Workers, and California United Homecare Workers. Disability Rights California, Disability Rights Legal Center, National Health Law Program, National Senior Citizen Law Center, and Law Offices of Charlie Wolfinger represented the plaintiff home care recipients.

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