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Case Name Ball v. Betlach PB-AZ-0001
Docket / Court 4:00-cv-00067-EHC ( D. Ariz. )
State/Territory Arizona
Case Type(s) Disability Rights-Pub. Accom.
Public Benefits / Government Services
Special Collection Olmstead Cases
Attorney Organization NDRN/Protection & Advocacy Organizations
Case Summary
On January 27, 2000, a group of elderly, physically disabled, and developmentally disabled individuals filed a lawsuit under the Medicaid Act, the Americans with Disabilities Act, and the Rehabilitation Act against the State of Arizona and the Arizona Health Care Cost Containment System (AHCCCS) in ... read more >
On January 27, 2000, a group of elderly, physically disabled, and developmentally disabled individuals filed a lawsuit under the Medicaid Act, the Americans with Disabilities Act, and the Rehabilitation Act against the State of Arizona and the Arizona Health Care Cost Containment System (AHCCCS) in the United States District Court for the District of Arizona. Plaintiffs, represented by public interest attorneys, asked the Court for injunctive relief, claiming that they were not receiving adequate services. Specifically, Plaintiffs claimed that they were often subject to gaps in service because Defendant did not employ an adequate number of caregivers.

The Court (Judge Earl H. Carroll) certified a class action on August 7, 2000.

On August 13, 2004, the Court issued findings of fact, conclusions of law, and an order. Ball v. Biedess, 2004 U.S.Dist.LEXIS 27044 (D. Ariz. Aug 13, 2004). Specifically, the Court ordered: that AHCCCS provide individuals with services for which that person qualifies without gaps in services; that the AHCCCS program must develop contingency plans for instances when a service cannot be provided; that the AHCCCS program must offer a rate of pay to health care workers so that services can be adequately delivered; that AHCCCS program need not offer a particular rate of pay, but just a rate that guarantees each individual will receive the services for which he qualifies; that AHCCCS must monitoring its program so that contingency plans can be implemented; that AHCCCS implement a grievance process for individuals receiving services; that AHCCCS inform each of its members of his rights; and, that parties file proposed deadlines for complying with the order.

On July 17, 2007, the Ninth Circuit Court of Appeals affirmed in part and reversed in part the District Court's order. Ball v. Rodgers, 492 F.3d 1094 (9th Cir. 2007). In light of the recently decided Sanchez v. Johnson, the Court reversed the District Court's finding that Medicaid Act § 1396a(a)(30)(A) (the equal access provision) conferred individual rights enforceable under § 1983; thus, Arizona was not liable for violating the equal access provision under § 1983. On remand, the Court directed the District Court to consider the causes of action under the Medicaid Act's free choice cause of action, as well as Plaintiffs' ADA and Rehabilitation Act claims

On April 24, 2009, the District Court found that Arizona was liable under the Medicaid Act's free choice provisions (42 U.S.C. §§ 1396n(c)(2)(C) and (d)(2)(C)). Ball v. Rodgers, 2009 WL 1395423 (D. Ariz. Apr. 24, 2009). Further, the Court found that Defendants were liable under the ADA and the Rehabilitation Act.

After a June 1, 2009, status conference, the Court issued an order on June 3, 2009, that detailed the results of that status conference. First, the Court clarified that the injunction was permanent, that Defendants would be required to file monthly reports until the Court determined they were no longer necessary, and that the Court would retain jurisdiction for whatever period necessary for enforcement purposes.

On March 8, 2010, the Court ruled on the parties' motions to modify the injunction. The Court: granted in part and denied in part Plaintiffs' motion to modify the injunction; denied Defendants' motion to modify or vacate the injunction; and, ordered Defendants to establish a hotline to allow individuals to report a gap in service.

Defendants have filed monthly reports. There has otherwise been no further litigation in the case, and it was closed in May 2010.

Haley Waller - 01/19/2010


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Issues and Causes of Action
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Issues
Benefit Source
Medicaid
Plaintiff Type
Private Plaintiff
Causes of Action Americans with Disabilities Act (ADA), 42 U.S.C. §§ 12111 et seq.
Title XIX of the Social Security (Medicaid) Act, 42 U.S.C §1396
Section 504 (Rehabilitation Act), 29 U.S.C. § 701
Defendant(s) Arizona Health Care Cost Containment System
State of Arizona
Plaintiff Description Elderly, physically and developmentally disabled individuals.
Indexed Lawyer Organizations NDRN/Protection & Advocacy Organizations
Class action status sought Yes
Class action status granted Yes
Prevailing Party Plaintiff
Public Int. Lawyer Yes
Nature of Relief Injunction / Injunctive-like Settlement
Source of Relief Litigation
Form of Settlement None on record
Order Duration not on record
Case Closing Year 2010
Case Ongoing No
Docket(s)
4:00-cv-00067-EHC (D. Ariz.) 10/29/2010
PB-AZ-0001-9000 PDF | Detail
PACER [Public Access to Court Electronic Records]
General Documents
OPINION: FINDINGS OF FACT; CONCLUSION OF LAW; AND ORDER 08/13/2004 (2004 U.S.Dist.LEXIS 27044) (D. Ariz.)
PB-AZ-0001-0012 PDF | LEXIS | Detail
Document Source: LexisNexis
APPELLEES' ANSWERING BRIEF 08/03/2005
PB-AZ-0001-0001 PDF | Detail
Document Source: Westlaw
ORDER (re: Motion to Enforce) 09/29/2006 (D. Ariz.)
PB-AZ-0001-0009 PDF | Detail
Document Source: PACER [Public Access to Court Electronic Records]
Opinion (9th Circuit Court of Appeals) 07/17/2007 (492 F.3d 1094)
PB-AZ-0001-0011 PDF | WESTLAW| LEXIS | Detail
Document Source: Google Scholar
ORDER (modifying legal basis for injunction) 04/24/2009 (2009 WL 1395423) (D. Ariz.)
PB-AZ-0001-0006 PDF | WESTLAW | Detail
Document Source: PACER [Public Access to Court Electronic Records]
Press Release 04/27/2009
PB-AZ-0001-0010 PDF | Detail
Document Source: Plaintiffs' counsel
ORDER (clarification of injunction) 06/03/2009 (D. Ariz.)
PB-AZ-0001-0007 PDF | Detail
Document Source: PACER [Public Access to Court Electronic Records]
ORDER (re: attorneys' fees) 07/24/2009 (D. Ariz.)
PB-AZ-0001-0008 PDF | Detail
Document Source: PACER [Public Access to Court Electronic Records]
EXPERT REPORT OF DORIE SEAVEY, PH.D. 09/14/2009
PB-AZ-0001-0003 PDF | Detail
AMENDED OPENING BRIEF 12/01/2009
PB-AZ-0001-0004 PDF | Detail
Document Source: Westlaw
REPLY BRIEF OF APPELLANTS 12/04/2009
PB-AZ-0001-0002 PDF | Detail
Document Source: Westlaw
ORDER (re:modification of injunction) 03/08/2010 (2010 WL 797146) (D. Ariz.)
PB-AZ-0001-0005 PDF | WESTLAW | Detail
Document Source: PACER [Public Access to Court Electronic Records]
Judges Berzon, Marsha Siegel (Ninth Circuit)
PB-AZ-0001-0011 | PB-AZ-0001-9000
Carroll, Earl Hamblin (D. Ariz., FISC)
PB-AZ-0001-0005 | PB-AZ-0001-0006 | PB-AZ-0001-0007 | PB-AZ-0001-0008 | PB-AZ-0001-0009 | PB-AZ-0001-0012 | PB-AZ-0001-9000
Fletcher, Betty Binns (Ninth Circuit)
PB-AZ-0001-0011 | PB-AZ-0001-9000
Trager, David G. (E.D.N.Y.)
PB-AZ-0001-0011 | PB-AZ-0001-9000
Monitors/Masters None on record
Plaintiff's Lawyers Hart, Sally (Arizona)
PB-AZ-0001-0001 | PB-AZ-0001-9000
Lock, Sarah Lenz (District of Columbia)
PB-AZ-0001-0001 | PB-AZ-0001-9000
Nye, Jennifer L. (Arizona)
PB-AZ-0001-0001 | PB-AZ-0001-0010 | PB-AZ-0001-9000
Rico, Jose De Jesus (Arizona)
PB-AZ-0001-9000
Zeller, Kenneth Wayne (District of Columbia)
PB-AZ-0001-0010 | PB-AZ-0001-9000
Defendant's Lawyers Johnston, Logan T. (Arizona)
PB-AZ-0001-0002 | PB-AZ-0001-0004 | PB-AZ-0001-9000
Other Lawyers None on record

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