The Idaho Department of Health and Welfare said it will not make a new budget tool until January 2023. That means the Department will violate the KW settlement agreement. Back in 2016, the Department said it would make a new budget tool by January 2020, at the latest.
We need a new budget tool. A judge said the current budget tool violates the constitutional rights of adults with developmental and intellectual disabilities.
When the lawyers for adults with developmental and intellectual disabilities heard the Department decided not to finish the budget tool on time, they spoke to their clients. The lawyers also spoke to other adults receiving DD services through Medicaid. The lawyers wanted to know what adults wanted them to do about the Department breaking its promise. With that feedback, the lawyers asked the judge to make sure the Department keeps its promise and filed a Motion to Enforce the Settlement Agreement. A budget tool must come sooner, not later.
The lawyers for adults also asked the judge to add two “safeguards” while adults wait for the new budget tool:
1. Give the Department only 90 days for fair hearings in budget appeals, and approve the appeal if a hearing does not happen within 90 days;
2. Change the definition of “health and safety” to include the inability to hire and keep support staff at a lower hourly rate as a health and safety risk.
We will not hear from the judge about this immediately. It will take time. Please check back here to receive updates or contact the lawyers.
For more information about the lawsuit, please click this link.