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California Pro Bono

Court approves settlement of Adult Day Health Care case: new program for people at risk of institutionalization

Wednesday, January 25, 2012

 OAKLAND, CA -- Today, Judge Saundra Brown Armstrong gave final approval to a settlement of a federal lawsuit that challenged the State’s planned elimination of Adult Day Health Care (ADHC) as a Medi-Cal benefit (Darling et al. v. Douglas C:09-03798 SBA ). She said the settlement was fair, adequate and reasonable and a win-win for both sides. The settlement ensures that critical community based services will be preserved, helping low income seniors and people with disabilities to avoid unnecessary hospitalization or institutionalization. “There are a lot of people who really need this program; I have fought to stay out of a nursing home and have been able to with ADHC,” said Esther Darling, lead plaintiff in the case, age 74.

The seven plaintiffs who represent a class of 35,000 low-income people with disabilities, including older adults, who participate in ADHC programs throughout the State, reached a settlement with the California Department of Health Care Services (DHCS) on November 17, 2011. The Court gave preliminary approval to the settlement on December 14, 2011, and held a fairness hearing earlier today.

 

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