On Monday 11-16-2009, a coalition of persons with developmental disabilities, their guardians and service providers went back to Superior Court to request relief from severe State budget cuts. The State is cutting more than $50 million in revenues that otherwise would pay for services in the homes and communities of 25,000 people with severe disabilities that include cognitive disabilities, cerebral palsy, epilepsy and autism, as well as developmental delays among young children. The lawsuit contends that the cuts threaten the financial viability of the service network and the availability of essential services, and therefore violate federal Medicaid laws. Proposed amendments to the lawsuit state that AHCCCS and DES, two state agencies, have discriminated illegally against persons with developmental disabilities by imposing greater cuts within programs that serve them, as compared to other services.

The plaintiffs include the Arizona Association of Providers for People with Disabilities (AAPPD), representative beneficiaries, and service providers.  The plaintiffs are asking the court’s permission to add Neal Young and Tom Betlach, the new Directors of DES and AHCCCS respectively, as defendants to the lawsuit.

Bev Hermon, President of AAPPD, a plaintiff in the lawsuit, and mother of an adult client in the DD system explained, “we simply cannot allow the State to endanger our most vulnerable citizens.  Someone has to step up and take responsibility for ensuring their health and safety.  Many of these individuals cannot speak, and therefore cannot report abuse or neglect that jeopardizes their well-being.  We must protect them”.