The Jones Decision
Kentuckians with intellectual or developmental disabilities can now appeal their category of need placement on the Supports for Community Living (SCL) Waiver waiting list. The Franklin Circuit Court has ruled that the SCL regulation section that prohibited category of need placement appeals did not comply with Kentucky statutes regarding administrative hearings or the Federal Medicaid Act. The Cabinet for Health and Family Services’ decision to deny Fred Jones emergency SCL status made it impossible for him to access SCL services so he remained at a halfway house just long enough to be sent back to prison based on a parole violation directly related to his disability. The Court said “[e]ligibility for Medicaid medical assistance services is meaningless without emergency category of need status, and without the ability to appeal a category of need determination, an eligible applicant’s right to be furnished medical assistance with reasonable promptness is infringed without being afforded a fair hearing.” Fred currently receives supports via the SCL Waiver. The “Jones Rule” is now final as no appeal was filed.
Click Here to Read Opinion and Order
The Bratcher Decision – Kentucky Court of Appeals
The Kentucky Court of Appeals adopted the reasoning of the Franklin Circuit Court and affirmed that the Cabinet for Health and Family Services cannot use the intellectual disability definition to exclude individuals with developmental disabilities from the Supports for Community Living Waiver. The Court of Appeals quoted the Franklin Circuit Court: “The Cabinet exceeded its statutory powers by grafting the regulation’s mental retardation IQ requirement onto the definition of developmental disability. There is no properly promulgated regulation which requires an individual who qualifies for the SCL Waiver on the basis of developmental disability to show first that he also meets the regulation’s definition of mental retardation.” The Court of Appeals decision is final. It is now a published decision.
Click here for the Court of Appeal's decision
Click here for the Franklin Circuit Court's decision
To protect and promote the rights of Kentuckians with disabilities through legally based individual and systemic advocacy, and education.
Who we are and what we do
Protection and Advocacy (P&A) is an independent state agency that was designated by the Governor as the protection and advocacy agency for Kentucky. P&A's staff includes professional advocates and attorneys. We are advocates working together with people who have disabilities to promote and protect their legal rights. Through our information and referral services, we try to answer questions about your rights under disability laws.