United States Ninth Circuit

Denial of community-based long term in-home nursing care for "medically needy" disabled persons violates the ADA unless the state can demonstrate that extending eligibility to these persons would fundamentally alter its Medicaid program.

Appellate Information

• Decided 05/01/2003
• Published 05/01/2003

Judges

• Before:  BEEZER, GOULD and BERZON, Circuit Judges.

Court

• United States Ninth Circuit

Counsel

• For Appellant:
  
• Katrin E. Frank,Timothy K. Ford and Andrea Brenneke, MacDonald, Hoague & Bayless, Seattle, Washington, for the plaintiff-appellant.


• For Appellees:
  
• Alan Smith and William L. Williams, Assistant Attorneys General, Department of the Attorney General, State of Washington, Olympia, Washington, for the defendant-appellee.