Filed Date: Aug. 23, 2010
Closed Date: 2011
Clearinghouse coding complete
On August 23, 2010, several individuals with incontinence caused by disability filed this lawsuit in the U.S. District Court for the Eastern District of Missouri to challenge Missouri Medicaid's (MO HealthNet) policy of only covering incontinence briefs for those individuals residing in institutions. Each plaintiffs requires incontinence briefs to prevent skin deterioration and infections, which can pose serious health risks. Without access to the briefs, the plaintiffs risk institutionalization so that all of their needs could be met. The plaintiffs alleged that this policy reflected a preference for institutionalization, which violates the ADA (under the Supreme Court precedent Olmstead v. L.C.) and Section 504 of the Rehabilitation Act of 1973. The plaintiffs also claimed that this policy violated several provisions of the federal Medicaid act.
The plaintiffs moved for a preliminary injunction along with their plaintiff, and the United States (DOJ) filed a statement of interest supporting the motion. The defendants opposed this motion and claimed that incontinence briefs for non-institutionalized adults are personal hygiene items rather than medical supplies. Judge Nanette K. Laughrey granted a preliminary injunction on December 27, 2010. The December 27 order found that plaintiffs had shown a likelihood of success on the merits, and on February 17, 2011, the plaintiffs filed a motion for summary judgment. The United States also supported this motion. After oral arguments, Judge Laughrey granted summary judgment to the plaintiffs on June 24, 2011, finding that MO HealthNet's policy of excluding adult incontinence briefs from home health services coverage violated the federal Medicaid act, the ADA, and Section 504. The court ordered the state to change its policy to cover incontinence briefs.
The parties then briefed the issue of attorney's fees, and the court ultimately granted attorney's fees and closed the case in October 2011.
Summary Authors
Beth Kurtz (1/7/2013)
For PACER's information on parties and their attorneys, see: https://www.courtlistener.com/docket/4942793/parties/hiltibran-v-levy/
Ammann, John J. (Missouri)
Claggett, Daniel E. (Missouri)
Bagenstos, Samuel R. (District of Columbia)
Barkoff, Alison (District of Columbia)
Breen, Philip L. (District of Columbia)
Laughrey, Nanette Kay (Missouri)
See docket on RECAP: https://www.courtlistener.com/docket/4942793/hiltibran-v-levy/
Last updated March 23, 2024, 3:10 a.m.
State / Territory: Missouri
Case Type(s):
Public Benefits/Government Services
Special Collection(s):
Key Dates
Filing Date: Aug. 23, 2010
Closing Date: 2011
Case Ongoing: No
Plaintiffs
Plaintiff Description:
Plaintiffs are several individuals with disabilities who receive services in the community through Missouri Medicaid. As a result of their disabilities, the plaintiffs are incontinent.
Plaintiff Type(s):
Attorney Organizations:
Public Interest Lawyer: Yes
Filed Pro Se: No
Class Action Sought: No
Class Action Outcome: Not sought
Defendants
Missouri Department of Social Services, State
Defendant Type(s):
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:
Injunctive (or Injunctive-like) Relief
Outcome
Prevailing Party: Plaintiff
Nature of Relief:
Injunction / Injunctive-like Settlement
Preliminary injunction / Temp. restraining order
Source of Relief:
Order Duration: 2011 - 0
Content of Injunction:
Issues
General:
Deinstitutionalization/decarceration
Public benefits (includes, e.g., in-state tuition, govt. jobs)
Disability and Disability Rights:
Discrimination-basis:
Disability (inc. reasonable accommodations)
Benefit Source: