Filed Date: 2001
Closed Date: Aug. 1, 2002
Clearinghouse coding complete
The plaintiff, a 74-year-old woman who had been diagnosed with psychosis and dementia and who could speak only Portuguese, filed a lawsuit against the Commissioner of the Division of Medical Assistance under 42 U.S.C. § 1983, the Americans with Disability Act, § 504 of the Rehabilitation Act of 1973, and the Medicaid Act in the Massachusetts Superior Court. The plaintiff claimed the Commissioner's decision to terminate payment to the plaintiff's daughter for her personal care attendant services constituted discrimination based on her disability.
On August 1, 2002, the Court (Judge C. Brian McDonald) held that the plaintiff was entitled to Medicaid reimbursement for personal care assistance provided by her daughter on the ground that the plaintiff's disability was such that it prevented anyone other than her daughter to care for her.
Summary Authors
Kunyi Zhang (3/26/2011)
McDonald, C. Brian (Massachusetts)
McDonald, C. Brian (Massachusetts)
Last updated Aug. 30, 2023, 1:48 p.m.
Docket sheet not available via the Clearinghouse.State / Territory: Massachusetts
Case Type(s):
Public Benefits/Government Services
Special Collection(s):
Key Dates
Filing Date: 2001
Closing Date: Aug. 1, 2002
Case Ongoing: No
Plaintiffs
Plaintiff Description:
A 74 years old who had been diagnosed with psychosis and dementia and who could only speak Portuguese.
Plaintiff Type(s):
Public Interest Lawyer: Unknown
Filed Pro Se: Unknown
Class Action Outcome: Unknown
Defendants
Wendy Warring, Commissioner of the Division of Medical Assistance, State
Case Details
Causes of Action:
Americans with Disabilities Act (ADA), 42 U.S.C. §§ 12111 et seq.
Section 504 (Rehabilitation Act), 29 U.S.C. § 701
Medicaid, 42 U.S.C §1396 (Title XIX of the Social Security Act)
Available Documents:
Outcome
Prevailing Party: Plaintiff
Source of Relief:
Issues
Benefit Source: