Questions & Answers

 

Q: What is this website about?

A: This website is about the Idaho Medicaid program for adults with developmental disabilities. There is a class action lawsuit about that program. In court, the lawsuit is called K.W. v. Armstrong. "K.W." are the initials of one of the adults with developmental disabilities who started the lawsuit. Every participant in the program is part of the lawsuit. Every person who applies for the program is part of the lawsuit, too. The ACLU of Idaho represents everyone who is part of the lawsuit. The ACLU of Idaho made this website to make it easy for you to learn more about the lawsuit.


Q: What is happening to the Idaho adult DD program?

A: In the class action lawsuit about the Idaho adult DD program, the court said that Idaho would have to make big changes. Some of those changes will happen sooner than others. From 2016 through about 2018, the Idaho Department of Health and Welfare will be deciding on permanent changes. Everybody in the program should be a part of deciding on the changes. This website will help you have a voice in those changes.


Q: What is going to change?

A: There are 5 main things that will change:

 
Lego block (line drawing)

Lego block (line drawing)

1. New Model

The Idaho Department of Health and Welfare will develop a new model for setting personal supports budgets. The Department will work with participants and an outside expert to do this. You get to be involved in deciding how the new model will work.


Simple bridge (line drawing)

Simple bridge (line drawing)

2. Bridge Period

While we work on the new model, the Department has to make other changes. This is called the “Bridge Period.” It is the “Bridge” between the old system and the new model. During the Bridge Period, you will have better rights than before:

  • You will be allowed to appeal your budget amount when you get your budget notice or when you submit your plan.
  • Everybody who wants someone to help them with an appeal will get someone.
  • Your Service Coordinators or Support Broker can be paid to help you with an appeal.
  • Anyone can get free training about how to do an appeal.
  • Your budget during the Bridge Period will continue to be the highest budget you have ever had since July 2011.

First aid cross (line drawing)

First aid cross (line drawing)

3. Health and Safety Standard

There will be a new written standard that defines what you need to show to get a higher budget. This standard is called the “health and safety” standard. The standard spells out what documents you need to have to get a higher budget.


Check mark

Check mark

4. SIB-R Information

You will be allowed to make copies of all the SIB-R information about you. That includes the scoring book that the assessor fills out. You will have to sign a form to get these copies.


Page icon with dollar sign

Page icon with dollar sign

5. New Budget Notice

The notice you get each year about your budget amount will change. It will better explain changes in your budget. If you want to appeal your budget, the notice will let you choose to represent yourself or have someone help you in your appeal.


Q: When will these changes start?

A: The changes will officially start after the court approves them. You will be getting a notice from the Idaho Department of Health and Welfare about the court approval process this fall. Read that notice carefully. The court will hold a hearing to decide whether to approve the changes.


Q: Who can I contact about these changes or the lawsuit?

A: The ACLU of Idaho represents all participants and applicants in the Idaho adult DD program in this lawsuit. You can write to us at:

ACLU of Idaho

PO Box 1897

Boise, ID 83701

 

The lawyer handling the lawsuit is Richard Eppink. You can contact him using this link.