Excerpt from: NHelp (click for full article)

The U.S. Court of Appeals for the Fourth Circuit Tuesday denied North Carolina's request for a rehearing in Pashby v. Delia, upholding an important ruling protecting the rights of persons with disabilities to receive crucial Medicaid services.

The appellate court affirmed U.S. District Court Judge Terrence Boyle's decision that enjoined a North Carolina Medicaid policy and halted cuts to in-home personal care services. "This decision is an important victory for thousands of North Carolinians relying on Medicaid. The court correctly held that some of North Carolina's policies had the potential to shift individuals who currently live at home into institutions, putting their health at risk and removing them from their support networks," said Sarah Somers, an attorney with the National Health Law Program (NHeLP), who represented the plaintiffs.

The Appeals Court affirmed the lower court's conclusion that North Carolina law created a dilemma in which it was harder for individuals living at home to qualify for personal care services compared to those living in adult care homes (ACHs). This case marks the first time that the Fourth Circuit has held that the Americans with Disabilities Act (ADA) integration mandate protects people at risk of institutionalization, as well as those who have already been institutionalized, and provides that they receive services in the most integrated setting to allow them to live healthy and full lives.