Disability Rights Pennsylvania Files Class Action to Address DHS’ Failure to Cover Home Modifications

Disability Rights Pennsylvania filed a class action on behalf of three teenagers and all other Pennsylvania Medical Assistance-enrolled children and youth with mobility impairments who need equipment such as wheelchair lifts, stair glides, ceiling lifts, and metal ramps in order to get in and out of or around their homes. The lawsuit alleges that the Department of Human Services has not been covering these items in their Medical Assistance program (other than in waivers), claiming that they are home modifications and not equipment, and, therefore, not covered. A 2016 federal regulation interpreting Title XIX of the Social Security Act defines covered equipment in a manner that clearly includes these items. The case has been filed in the United States District Court for the Middle District of Pennsylvania.