PCA Lawsuit Victory for Disability Rights NJ (DRNJ)
Reduction in Hours Reversed
In an outstanding result, the Appellate Division reversed a Medicaid reduction in Personal Care Assistance from 24 to 15 hours a day for a client who has quadriplegia.Without 24 hours a day in assistance, the client was at risk of having to leave his home and return to a nursing home.The Appellate Division understood the significance of the Medicaid PCA services: “The denial of twenty-four-hour PCA assistance in this case is utterly inconsistent with the purpose of the PCA program. But more importantly, it is irreconcilable with any notion of basic human decency.”
Congratulations to former DRNJ attorney August Pozgay who argued the case on behalf of the client.
DRNJ serves as New Jersey’s designated Protection and Advocacy System empowered by Congress to provide legal and non-legal advocacy services for people with disabilities in New Jersey.
DRNJ is supported by the U.S. Department of Health & Human Services, Administration on Intellectual and Developmental Disabilities; Center for Mental Health Services, Substance Abuse & Mental Health Services Administration; U.S. Department of Education, Rehabilitation Services Administration; and the Social Security Administration. This press release does not represent the views, positions, or policies of, or the endorsement by, any of these federal agencies.