K.W. v. Armstrong class action lawsuit
Read this notice carefully!
This is about the Medicaid program for adults with developmental disabilities in Idaho.
There is a class action lawsuit about that program. The lawsuit is called K.W. v. Armstrong. The lawsuit is in federal court in Idaho.
The lawsuit affects everyone who gets services in that Medicaid program. A group of lawyers helps argue for you. You do not have to pay these lawyers for their help. Instead, those lawyers are asking the Court to have the Idaho Department of Health and Welfare pay them for work they did recently.
Does the lawsuit affect you?
The class action lawsuit is about the Idaho Medicaid adult developmental disabilities program. If you are in that program or have applied to it, the lawsuit affects you.
What is happening in the lawsuit?
The Idaho Department of Health and Welfare agreed to settle the lawsuit. The Court approved the settlement in 2017. The settlement requires the Idaho Department of Health and Welfare to change the way it comes up with your budget each year. The Department has to make sure the budget system is more fair.
The settlement gave the Department up to three years to fix the budget system. Because the work wasn’t done in three years, the lawyers who help argue for you asked the Court to set a deadline. The Court set a deadline of June 2022 for the Department to finish the work.
Why am I getting this notice?
You do not have to pay the lawyers who help argue for you. The lawyers are asking the Court to have the Idaho Department of Health and Welfare pay for the work they did to get a final deadline set. The settlement agreement that the Court approved says the lawyers can ask to the Court to have the Department pay for their work.
You are getting this notice to let you know what the lawyers are asking for.
What are the lawyers asking for?
The lawyers who help argue for you are asking the Idaho Department of Health and Welfare to pay them $115,730 in attorney fees for the work they did, plus the costs of sending this notice out. The Department would have to pay those fees.
What can you do next?
If you agree with the fees the lawyers have asked for, you do not have to do anything.
If you disagree with the attorney fees that the lawyers have asked for, you can write a letter to the judge. Include your name, address, phone number, and signature on the letter. On the first page of the letter, write in large letters:
“K.W. v. Armstrong objection to attorney fees”
If you object, mail your letters to:
Judge B. Lynn Winmill
U.S. District Court
550 West Fort Street
Boise, ID 83702
You must mail your letters on or before August 6, 2021.
How will the judge make a decision?
The judge will give a written decision that decides whether to have the Idaho Department of Health and Welfare pay the attorney fees.
How can I get more information?
You can get more information at this website:
The lawyers who help argue for you run that website. They use it to get information to you about the lawsuit. You can read more about the case and this notice on the website. The website also has the court papers about the lawyers asking the Idaho Department of Health and Welfare to pay for their work.
You can also get more information by contacting the ACLU of Idaho:
ACLU of Idaho
PO Box 1897
Boise, ID 83701
(208) 344-9750, extension 1202
reppink@acluidaho.org
All documents filed in the lawsuit are also on file with:
U.S. District Court for the District of Idaho
550 West Fort Street
Boise, ID 83702
The case is K.W. v. Armstrong, no. 1:12-cv-22-BLW.
Image of court notice (click to view PDF)