Michael T., et al., v. Bowling, Amended Complaint

On September 28, 2015, five plaintiffs filed this complaint against the Secretary of the West Virginia Department of Health and Human Resources protesting the algorithm-based method used by APS Healthcare, Inc. (APS), which manages the waiver, to determine the amount of funding for home- and community-based services (HCBS) for each consumer. The plaintiffs allege that the APS algorithm fails to give appropriate weight to recipient need and the amount of waiver benefits actually authorized in prior years . . .