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SANTA FE, N.M. (AP) — A settlement has been reached in a lawsuit over claims of wrongly denied or limited services for people with developmental disabilities after the state adopted a new assessment system.
U.S. District Judge Judith Herrera recently approved the agreement between the state and The Arc of New Mexico, Disability Rights New Mexico and eight individual plaintiffs, the Santa Fe New Mexican reports (http://goo.gl/uheEWO).
The agreement calls for the state in November to implement a new system for assessing needs.
The lawsuit, filed in January 2014, accused the state of procedural violations under its Developmental Disabilities Waiver program. That program is intended to help those with developmental disabilities obtain access to therapeutic and medical care and other services.
It has about 4,500 participants, with a waiting list of about 6,000 people.
The complaint was sparked by the state's use of a system called the Supports Intensity Scale to assess patients' needs. The lawsuit said the system, implemented in 2013, resulted in an unjustified loss of services for participants.
"This agreement restores a person-centered approach to the waiver program," Randy Costales, executive director of The Arc, said in a news release. "It allows for each participant to get the scope and level of services they need — no more, but no less."
Jim Jackson, executive director of Disability Rights New Mexico, said that under the agreement, program participants who are denied or have limitations on services imposed will have a better appeal process. "In the meantime, people can regain access to therapies and other services that had been denied under the current system," he said.
State agencies involved in the lawsuit include the Health Department, which administers the program, and the Human Services Department, which is responsible for Medicaid programs.
The changes stemming from the lawsuit "are the result of extensive collaboration to ensure DD Waiver participants get the services they need," Health Department spokesman Kenny Vigil said.
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Information from: The Santa Fe New Mexican, http://www.sfnewmexican.com
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