North Carolina McCrann v. DHHS Ruling

January 18, 2011 On January 18, 2011, a North Carolina judge ruled that the state Department of Mental Retardation, Developmental Disabilities, and Substance Abuse Services had erred in revising its Medicaid waiver and guidelines for community-based habilitation services in 2006. The judge said that the Community Alternatives Program for Persons with Mental Retardation and Other Developmental Disabilities (CAP) Waiver rules, written by a committee of state employees and approved by the federal Centers for Medicare and Medicaid Services, were not law and not enforceable. The court ordered the Department of Health and Human Services (DHHS) to reimburse the plaintiff . . .