Federal Judge Rules For West Virginia In I/DD Waiver Budget Class Action Lawsuit

On September 25, 2018, a federal judge ruled that West Virginia’s current budgeting procedures for the Intellectual/Developmental Disability (I/DD) Waiver does not violate due process. The ruling was in response to a lawsuit, Michael T. v. Crouch, filed in July 2015 on behalf of five waiver participants, and which later became a class action-lawsuit that covered all 4,684 I/DD waiver participants.

The original complaint was filed by Mountain State Justice. The Department of Health and Human Resources’ (DHHR) Bureau for Medical Services (BMS) operates the IDD Waiver budgeting program. In 2014, it was discovered . . .