DHS LOSES LAWSUIT ABOUT DECISION TO USE COMPUTER MODEL TO DETERMINE LEVEL OF CARE FOR THE ELDERLY & DISABLED - OWES PLAINTIFF $83,787 IN FEES AND COSTS

In a victory for the elderly and disabled in Arkansas, U.S. District Judge D.P. "Price" Marshall, Jr. has awarded $83,787 in attorney fees to Legal Aid of Arkansas for successfully mounting a class action lawsuit against the Arkansas Department of Human Services to protect home care for some 7,000 elderly and disabled people.

JUDGE D.P. "PRICE" MARSHALL, JR

The lawsuit challenged a DHS switch to use of a computer formula to determine hours of care rather than a nurse's discretion. 

DHS CLAIMED THAT USE OF A COMPUTER FORMULA FREED UP WORKERS FOR OTHER TASKS

 

The effect was to reduce services to the point that those covered would be forced to consider institutional care.

Marshall did not grant all fees sought by Legal Aid of Arkansas, but the state had sought an even greater reduction, claiming the lawsuit was unnecessary beyond changes that could have occurred in an administrative appeal process. 

 

Judge Marshall disagreed and awarded $8,007 in costs and $75,780 in fees.

 CLICK TO VIEW THE COURT ORDER

 

DHS DIRECTOR CINDY GILLESPIE REACTS TO VERDICT