IDR & ACLU Indiana File Federal Complaint to Protect Medically Complex Children

Indiana Disability Rights (IDR) and ACLU of Indiana have filed a federal complaint challenging the Indiana Family and Social Services Administration’s (FSSA) changes to the Aged and Disabled Medicaid Waiver Program that threaten the safety and well-being of medically complex children. The policy change will prohibit parents of children from serving as paid providers of “attendant care” services through the waiver program. The lawsuit alleges that FSSA’s policy change, set to take effect on July 1, 2024, will deny these medically complex children access to the critical in-home care they need, putting them at risk for institutionalization.

“Children with medically complex conditions often need near constant care and supervision. Parents and families have for years been able to cobble together a patchwork of services and caregivers, including serving as paid caregivers themselves, to ensure their children have what they need to live safely in the community,” said Melissa Keyes, IDR executive director. “Now, FSSA is throwing a wrench in those plans without ensuring there are appropriate alternatives available.”

Kim Dodson, The Arc of Indiana CEO said, “The Arc of Indiana greatly appreciates IDR and ACLU of Indiana for taking this critical action. Part of IDR’s mission is to uphold and advance the rights of individuals with disabilities. This effort to protect medically complex children is critical to their ability to continue to live safely at home with their family. We support and applaud their efforts.”

Learn More:

IDR & ACLU Indiana Lawsuit Press Release

IDR & ACLU Indiana Federal Complaint

2024 Medicaid Waiver Changes Resource Page 

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