March 11, 2009
“Judge Stops Drastic Cuts in Disability Services by DES”
On February 13, 2009, the Department of Economic Security (DES) announced the most severe cuts in services and provider rates since the community system for people with disabilities was founded 30 years ago. More than 4,000 people with developmental disabilities were to be removed from service effective Friday, March 13th, ranging from 2,000 infants in early intervention to adults with severe disabilities, many of whom had received services for over two decades. The already fragile network of service providers was hit with a 10% rate reduction in payment for services even while a recent DES study indicated that provider rates were already substandard.
On February 27, providers, advocates and developmentally disabled individuals and their guardians from various parts of the State sued the State of Arizona and DES in Superior Court over these cuts. They asked the Court for an immediate injunction to stop the suspensions of services and the rate cuts that would jeopardize the continuing availability of essential services. At a preliminary hearing, the Court heard evidence about infants and toddlers who are developmentally delayed and will lost essential services at a critical time in their lives; about disabled adults who will lose personal care services that are essential for their immediate safety and welfare; and about service programs that either have or will have to close their doors if these cuts are permitted.
Today, Judge Joseph B. Heilman enjoined the State of Arizona and DES from making those cuts. His ruling is retroactive to March 1st. The ruling notes that, in the State’s rush to fix its budget problems, it acted so hastily – without public input – and that it ignored the immediate safety and welfare of some of its most vulnerable citizens. The State’s actions threaten to undermine the very network of services that it designed to serve the thousands of program beneficiaries and their families. And in its haste, the State most likely ignored the law as well.
Bev Hermon, parent of an adult child with developmental disabilities, a long-time advocate for people with disabilities, former State Legislator, and President of AAPPD, the advocacy group for provider services, noted that “we felt we had no choice but to ask for a judicial review of the budget cuts because of the devastation they would inflict. We understand that the budget situation is difficult, but these actions would have caused irreparable harm to our clients and their families. Our population suffered more severe cuts than any other, and our hopes for relief through the $59M in federal stimulus dollars for Medicaid were dashed when the funding was used to balance the budget for FY 2009. We had to take action”.
Clients, their families, advocates and providers will hold a Rally at the State Capitol next Thursday, March 19th to emphasize the effects of the cuts proposed.
For more information contact Bev Hermon or Monica Attridge at AAPPD at 480.557.8445.
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