May 19, 2011 8:06 AM by Posted by Sharlee Barriere
BATON ROUGE, La. (AP) - A federal judge has refused to dismiss a lawsuit challenging state budget cuts to home-based care for some elderly and disabled individuals.
U.S. District Judge James J. Brady rejected the Department of Health and Hospital efforts to avoid a trial in the case, which alleges that the cuts will lead to the unnecessary and unconstitutional institutionalization of people.
Brady's decision came in a lawsuit filed last year on behalf of four disabled people. They challenged DHH's reduction from 42 to 32 hours a week of care provided through the Long-Term Personal Care Services program.
The suit contends discrimination under the Americans with Disabilities Act.
DHH Secretary Bruce Greenstein's press office issued a prepared statement saying the secretary shares the same vision, values and goals as the plaintiffs.