Proposed Settlement Agreement for Baltzell v. Indiana FSSA et al. Posted

The Indiana Family and Social Services Administration has posted a proposed settlement agreement in the class action lawsuit Baltzell v. Indiana Family and Social Services Administration et al. The lawsuit was brought against the Indiana Division of Disability and Rehabilitation Services (DDRS), the Indiana Bureau of Developmental Disability (BDDS), and the Indiana Family and Social Services Administration over the use of the Level of Care Screening Instrument (LOCSI) to determine eligibility for Medicaid Home and Community-Based Services (HCBS) waiver programs.

The lawsuit claims that Defendants’ use of the LOCSI to determine eligibility for HCBS waiver programs violates the integration mandate of the Rehabilitation Act of the Americans with Disabilities Act. Additionally, the lawsuit claims Defendants violated the rule promulgation requirements of Indiana law by failing to promulgate a rule for the use of the LOCSI. Although the Defendants deny any wrongful action, they have agreed to enter into a settlement in order to resolve the lawsuit.

Under the proposed settlement, DDRS and BDDS have rescreened over 300 individuals who were denied or terminated from services based on LOCSI determinations, and the majority of rescreened individuals were found to be eligible for services under the HCBS waiver programs. Any individual who believes they are eligible to be rescreened in order to obtain services under the HCBS waiver should contact DDRS at 1-800-545-7763.

DDRS and BDDS are working to develop a new Federal Level of Care screening for making HCBS waiver program determinations and will promulgate the new related protocol into a rule as required by Indiana Law. Until this level of care screening is complete, DDRS and BDDS will use the Inventory for Client and Agency Planning tool (ICAP) to make eligibility determinations for HCBS waiver programs. The full proposed settlement agreement, with additional details, is available here.

The Marion County Superior Court will hold a public hearing on the proposed settlement agreement on February 9, 2016 at 10:30 AM in Marion County Superior Court 2, Civil Division, Room W-443 at the City-County Building located at 200 E. Washington St, Indianapolis, IN 46204. INARF encourages its members to contact DDRS if they feel individuals they serve are eligible to be rescreened.