. —
A rural Clay County woman has defeated an attempt by the state government to limit home-care services for elderly and disabled people receiving Medicaid.
On March 8, Clay County Superior Court Judge J. Blaine Akers ruled in favor of Edna Chadwell of Carbon, who challenged the state’s recent effort to cap in-home Medicaid benefits.
“I was happy for myself and for the other people in the lawsuit,” Chadwell said Wednesday, sitting in the kitchen of her modest home. “I’d rather die than live in an institution.”
In 2008, the State of Indiana announced it was capping the maximum number of hours Medicaid – under a special waiver program – will cover in-home care for people with serious disabilities.
The cap was set at 40 hours per week for most types of care. Chadwell, who is confined to a wheelchair and can only move her arms with difficulty, was receiving in-home help 70 hours per week.
“It was scary at first” when the state announced the caps, Chadwell said. She requires help getting out of bed each morning and getting into bed each night, she said. She also needs a caregiver to prepare her meals, help her shower and even brush her teeth.
“I’m totally dependent,” Chadwell said. “Anything you can do for yourself, I need help with.”
Rather than accept the cut in her services, Chadwell, who has been diagnosed with cerebral palsy and quadriplegia, challenged the caps in Indiana’s courts. Soon, the American Civil Liberties Union of Indiana took her case, which came to include seven other disabled plaintiffs.
“Most of the … plaintiffs are confined to a wheelchair and all require significant assistance with nearly all of their activities of daily living,” Akers stated in his 39-page decision in the case. The other plaintiffs included people diagnosed with muscular dystrophy, traumatic brain injuries and multiple sclerosis.
The State of Indiana, which argued the waiver program was not required by federal law and, therefore, could be changed, could still appeal the decision, but ACLU attorney Gavin Rose, who argued the case for the plaintiffs, said Akers’ decision was very thorough and would be tough to overturn.
The caps, although in place for several months in 2008 before Akers ruled them suspended until the case was settled, temporarily affected dozens of Hoosiers on Medicaid. But they did not affect Chadwell or the other seven plaintiffs in the case, Rose said.
“The ACLU did a wonderful job … so I didn’t go without anything,” Chadwell said.
Of the approximately 100 Hoosiers affected by the caps, about one-third saw their weekly hours of Medicaid-provided in-home care reduced by fewer than 10 hours per week. Meanwhile, 40 people had their Medicaid-provided in-home services reduced under the caps by more than 31 hours per week, according to court documents.
The approximately 100 people affected by the caps made up fewer than 2 percent of the total number of people taking part in the Medicaid waiver program, the court documents state.
The State of Indiana did not argue that the in-home care caps were designed to save money, but Chadwell and Rose both believe that was the state’s main consideration. However, the “average costs for in-home services under Indiana’s Medicaid waiver program has been less than the comparable cost in a nursing home,” according to a report by Severns Associates, an Indianapolis law firm specializing in health care-related law.
Chadwell, who has lived on her own for more than 20 years, said the decision to live at home or in a nursing facility is a very personal one. It can only be made by the individual involved, she said. In court, Chadwell told Akers she would rather die than live in an institution.
“I’m too much of an active person,” said Chadwell, 48, who has a bachelor’s degree from Ball State. “Does the state have the right to take away services and arbitrarily force people into nursing homes because [the state] will not pay for home care?”
The victory in the case, officially Chadwell v. Indiana Family and Social Services Administration, is an important one, the ACLU’s Rose said. This will allow many disabled Hoosiers to remain in their homes close to friends and family “and not be pushed into a corner of some nursing home.”
Arthur Foulkes can be reached at (812) 231-4232 or arthur.foulkes@tribstar.com.
News
Valley woman wins Medicaid suit against state
- News
-
-
Rockville correctional facility program teaches life skills
It’s hard to know who benefits the most: the inmates or the dogs.
-
AAA mag recognizes city for arts works
The nonprofit organization that uses outdoor sculpture to draw attention to Terre Haute is getting some notice of its own.
-
State pushing for convenience stores to make safety a higher priority
In 2002, after New Mexico forced convenience store owners to put sweeping security measures into place for clerks working late-night hours, the number of robberies dropped by 92 percent. Assaults, murders and other crimes at convenience stores also dropped dramatically.
Now Indiana officials are hoping voluntary compliance with similar safety standards will bring about similar results.
-
Patriotism & Honor
From his vantage point, Sonner Faught could see almost every volunteer in the cemetery.
-
Graduation turns to mourning in Clinton
Jeana Lunsford’s graduation from South Vermillion High School Saturday should have been a time of celebration.
-
School choice proponents foresee growth of vouchers
Twenty-seven Vigo County students benefited from tax-supported vouchers during the first year of the Choice Scholarship Program, and that number is expected to grow for 2012-13, say Indiana school choice leaders who visited Terre Haute Thursday.
-
Tales of obstruction meet first takeover attempts
A decade after Indiana legislators gave the state the power to take over chronically failing schools, the first implementation of the law is meeting with resistance, skepticism and questions about its costs.
-
MIKE LUNSFORD: Raising a flag for my father, veteran or not
My daughter, Ellen, and I stood at my parents’ graves on Mother’s Day a few weeks back and talked about how it couldn’t possibly have been so long since we lost them. My dad, for instance, has been gone for 16 years, and that is nearly unimaginable
-
3 rescued from burning residence
Quick action on the part of some first-responders is credited with saving the lives of three people in a Vermillion County fire early Saturday morning, according to the Vermillion County Sheriff’s Department.
-
He never forgot a name: Friends remember victim of fire at Garfield Towers
When Freddie Poore met you, he never forgot you.
-
Hometown boy embraces ‘Promise I Made’: Clinton native Ken Kercheval takes role in Dreams Come True production
Thanks to some help from a hometown boy in Hollywood, “This Promise I Made” is still on track to be kept in Clinton.
-
STATE OF THE STATEHOUSE: Many say they don’t vote in primary because of tag that comes with it
A couple of columns ago, I posed a question about why most Indiana polling places on primary election day had so few customers.
-
Police looking for convenience store robber
Police are seeking a robbery suspect following a Saturday morning armed robbery at the Jiffy MiniMart at 25th Street and Eighth Avenue.
-
Graduation ‘responsibility’: Rose-Hulman stages 134th commencement exercises
Inventor Dean Kamen gave a first-hand demonstration Saturday of how to be an innovator.
-
THE OFF SEASON: To the seniors, one last lecture before you go …
It dawned on me one day last week, as I sat at my desk in my teacher clothes and shoes, a stack of ungraded essays calling to me from a rather tall and depressing pile, that I hadn’t missed a high school graduation in 33 years.
-
HOT MEMORIAL DAY weekend ahead for workers, campers, garage salers
The Memorial Day weekend is the unofficial kickoff of summer, and this weekend is expected to be a scorcher with consecutive days of temperatures in the low to mid-90s.
-
Water rescuers
Emergency personnel wheel a man who was removed from a vehicle that had been driven into the water at Crystal Lake on Boston Avenue near 14th Street at about 9 p.m. Friday.
-
For many, camping outdoors is the way to beat the heat, enjoy nature
Stringing up fishing poles in the shade of American flags, households full of Hoosiers are packing into parks across the state this weekend.
-
Towns along National Road readying for next week’s miles-long yard sale
Stretching 824 miles from Baltimore to St. Louis, the National Road — known as U.S. 40 through Indiana — will soon be the host site for perhaps the longest bargain market in the country.
-
Rose grads honoring late president Branam at commencement today
Rose-Hulman Institute of Technology’s Class of 2012 will honor the memory of Matt Branam during today’s commencement ceremony by wearing special pins with the phrase “Make It Happen; Make It Fun,” a favorite saying of the former Rose-Hulman president, who died unexpectedly on April 20.
-
Vigo County Jail Log: May 26, 2012
The following individuals were booked into the Vigo County Jail by area law enforcement on Thursday and Friday, based on jail records. Charges are recommended by arresting officers but are not final until the Vigo County prosecutor reviews the case and files official charges.
-
Quiz King
Matt Aselage doesn’t usually watch TV game shows, but he is certainly up-to-date on current events.
-
A fallen soldier returns home
An Army carry team moves a transfer case containing the remains of Spc. Arronn D. Fields early Thursday morning at Dover Air Force Base, Del.
-
Official touts trade with northern neighbor
A top Canadian diplomat told a Terre Haute audience Thursday his country was “disappointed” when President Obama at least temporarily rejected a proposed transcontinental oil pipeline from Alberta to Texas.
-
Caution urged for summer’s kickoff
Lane restrictions in construction zones on Interstate 70 and other highways around the state will be lifted to accommodate holiday travel for the Memorial Day Weekend.
-
Letters delivered
Several positions will be eliminated this summer at the Terre Haute mail processing facility as the U.S. Postal Service begins moving the operation to Indianapolis, a U.S. Postal Service spokesman has confirmed.
-
Companies seek Vigo tax abatements
Two Vigo County companies are seeking tax abatements for expansion projects, one of which is included as part of a county incentive package.
-
High-speed chase suspect caught in West Virginia
The suspect in a cross-country, high-speed chase originating in Terre Haute last week was reportedly in federal custody Thursday evening.
-
Second victim of deadly I-70 semi-trailer crash identified
The Vigo County Coroner’s Office has identified the passenger of a semi-tractor crash on May 16 in the eastbound lanes of Interstate 70 near the 12-mile marker.
-
Brazil remembers a Fallen Son
A small town seemed sadly quiet Wednesday, waiting to honor a local fallen warrior.
- More News Headlines
-
Man Falls Off Crane, Dies After Police Standoff
Obama Honors Fallen Troops at Arlington Cemetery
Man in Crane at Texas College Says He's Armed
Raw Video: Deadly Explosion at Minn. Paper Mill
Raw Video: Cop Shoots Man Eating Another's Face
Unexpected Smog in Pristine National Parks
Air Canada Plane Makes Emergency Landing
Dairy Farm Uses Chiropractor to Help Cows
Romney Promises World's Strongest Military
Russia Condemns Ally Syria Over Massacre of 108
Raw Video: 19 Dead in Qatar Shopping Mall Fire
Obama Pays Tribute to Vietnam Veterans
Beryl Knocks Out Power in Florida
Raw Video: Earthquake Shakes Evacuees in Italy
Service Dogs Help Wash. Soldiers Battling PTSD
Beryl Makes Landfall on Florida Coast
Japan Farmers Plant, Seek Radiation-free Rice
Raw Video: Memorial Day Aboard Intrepid
Raw Video: Heckler Bursts in on Blair Testimony
UN Blames Syrian Forces for Shelling Houla
LeAnn Rimes Rocks Short Shorts
Drunk Women Breaking Into Houses: A New Trend?
Beyonce Shows Off 60 Pound Weight Loss at Concert
Gordon Ramsay Carried Off Field
Man Dies Getting Lap Dance
Bear cools off in Calif. family's pool
Kim Kardashian Claims Items Stolen from Her Luggage
Ep. 3: Chopped Desserts
Air Force dad surprises family at baseball game
Justin Bieber Wanted for Questioning for L.A. Scuffle
J.Lo and Marc's Friendly Reunion
Jet makes emergency landing after debris falls off
Cynthia Nixon Ties the Knot
Woman, 80, Falls Out of Skydive Harness Mid-Jump
Keira Reveals Engagement Ring
Dog runs alonside cyclists for 1,100 miles
Lady Gaga Cancels Indonesian Show After Threats
