Disability Rights California has just notified CAADS that a preliminary injunction has been issued by Judge Armstrong in the Brantley v. Maxwell Jolly case!!

 
This means that the new ADHC medical necessity criteria approved in the 2009-10 budget trailer bill (AB4X 5) will not go into effect.  The IPC and criteria that you are currently using should continue to be used until further notice.

From the court order:

The department is “ENJOINED and RESTRAINED from implementing or enforcing AB 4X5 codified at California Welfare and Institutions Code Sections 14552.4; 14525.1 and 14562.2 or engaging in the following actions until further order of this court: reducing, terminating, suspending, or denying Medi-Cal Adult Day Health Care benefits to the Plaintiffs all similarly situated individuals based on new eligibility criteria and medical necessity criteria.”

The January 2010 provider manual included instructions and a new IPC. This implementation is enjoined.

 
We are researching whether new core services are to go into effect on March 1, 2010 as this new section was not part of the court order but it is part of the new IPC.

Thank you to Disability Rights California, AARP Legal Foundation, National Senior Citizens Law Center for their diligent work to protect services for frail elderly and disabled Californians!!