Health Services

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7^th Circuit Court of Appeals

Case Name: Karla Steimel v. Thomas Maertz et al; Michael Beckem et al v. Indiana Family and Social Services Administration

Case No.: 15-2377; 15-2389

Officials: WOOD, Chief Judge, and KANNE and ROVNER, Circuit Judge

Focus: Health Services

Indiana waiver policy may include violations of integration mandate.

“It also appears, however, that recipients of FS waiver se vices may choose how to spend their allowance. The state argues that the FS waiver actually provides the plaintiffs sufficient waiver services to participate in the community, but that these plaintiffs have used the FS resources in a way that has led to their current isolation. In support of this contention, the state has offered evidence that the plaintiffs could make different choices that would allow them more services in the community. It also offered evidence that the Coles are using a lower dollar amount of services than they did under the A&D waiver, and that Maertz’s situation has been influenced by the fact that his sister is the paid provider of his waiver services. There is therefore a dispute of material fact as to whether the state’s 2011 policy change caused the plaintiffs’ isolation, and summary judgment is inappropriate on that question. See FED. R. CIV. P. 56(a).”

Reversed and Remanded

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Attorney Derek A. Hawkins is the managing partner at Hawkins Law Offices LLC, where he heads up the firm’s startup law practice. He specializes in business formation, corporate governance, intellectual property protection, private equity and venture capital funding and mergers & acquisitions. Check out the website at www.hawkins-lawoffices.com or contact them at 262-737-8825.