Lawsuit Challenges Nebraska’s New Disability Assessment System After HCBS Budget Reductions

An individual with developmental disabilities and four advocacy organizations are suing the Nebraska Department of Health and Human Services (DHHS) to challenge the state’s recent adoption of the interRAI assessment tool to determine level of care and individualized budgets. The plaintiffs allege that the interRAI assessment process violates due process and state law because individuals are not provided sufficient information to understand or challenge reductions in level of care and individualized budgets for home- and community-based services (HCBS). The plaintiffs are asking the court to require DHHS to implement an objective assessment process that complies with state law . . .