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September 4, 2012Announcements

DRN and the Department of Public Welfare (DPW) Reach a Settlement in Mosley v. Alexander

DRN and the Department of Public Welfare (DPW) reached a settlement in Mosley v. Alexander, a federal class action lawsuit.  DRN filed the lawsuit on behalf of individuals who sought to apply or did apply for the Attendant Care Waiver, the Independence Waiver, the OBRA Waiver, the COMMCARE Waiver, and the AIDS Waiver.  The lawsuit alleged that DPW violated federal law by:  (1) not promptly determining eligibility for applicants and not notifying them of their right to timely determinations and to appeal delayed determinations, and (2) refusing to let all persons who want services offered by those programs to apply for them and failing to afford them written notice that states the reasons for their denial of services.

The Settlement Agreement generally will require DPW to make eligibility decisions within 90 days for people who apply for the programs on or after September 1, 2012.  The Agreement also requires DPW to assure that people will be able to apply for the programs if they want and will notify individuals who may have been told they could not apply in the past of their right to reapply.  The Agreement details when and how written notice must be provided to applicants.  The Agreement will require DPW to provide reports and other information that allow DRN to monitor its compliance.

The Court will hold a hearing on November 27, 2012 to determine whether to approve the Settlement Agreement.

The Settlement Agreement can be viewed by clicking here and Class Notice (that describes the Agreement and how class members can submit comments on or participate in the hearing) can be viewed by clicking here.