Case Status:
The parties are still litigating the case. Plaintiffs and Defendant Michigan Department of Health and Human Services (MDHHS) reached a settlement agreement on 12/1/2023. The agreement is now waiting for court approval.
Case filed (started): March 2016
Main Concern
That people in Washtenaw County trying to hire Community Living Supports (CLS) staff have the money in their budgets to hire those staff, participate in community life, and get services in the least restrictive setting.
Summary
CLS is a medically necessary service meant to help a person participate in the community and keep their independence. Self-determination (SD) is a system where the person getting the CLS chooses and hires the staff to provide the CLS. This lawsuit claims that in 2015, Washtenaw County Community Mental Health (WCCMH) reduced the amount SD CLS recipients had in their budgets to hire those staff and participate in community life. Now, people in Washtenaw County who need CLS workers to live and maintain their independence cannot hire staff or get into the community.
Plaintiffs reached a settlement agreement with Defendant MDHHS on 12/1/2023. If the court approves the settlement, it will raise the reimbursement rate for CLS services for Habilitation Supports Waiver (HAB Waiver) recipients using Self-Determination (SD)to $31/hour, if other terms are met. If those terms are not met, the rate for CLS services will be determined using a “costing out” method, which creates a budget based on individual recipient needs. Either the $31/hour or the costing out method should allow recipients to hire and retain staff to provide their services. The full terms of the settlement are in the documents below.
Case Documents
DRM Explainers
Outcome
Plaintiffs continue to litigate the case, seeking adequate funding to find, hire, and retain appropriate CLS staff and participate in community life.
The settlement agreement between Plaintiffs and Defendant MDHHS is filed with the court and waiting for approval.
Case name: Waskul et al v. Washtenaw County Community Mental Health et al
Plaintiffs: Derek Waskul, Cory Schneider, Kevin Wiesner, Hannah Ernst, Washtenaw Association for Community Advocacy
Defendants: Michigan Department of Health and Human Services (MDHHS), Community Mental Health Partnership of Southeast Michigan, Washtenaw County Community Mental Health, and various individuals associated with those organizations.
- Discovery
- Plaintiffs and Defendants exchange evidence, ask for certain documents, interview witnesses, etc.
- Dismissal
- A case is dismissed by the court system. The judge determines the case will not continue.
- Interim
- An agreement is used until a formal decision or permanent process is finalized.
- Plaintiff
- A person (or group of people) who brings a claim(s) against another in a court of law.
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