Ball v. Biedess - On August 13, 2004,
Judge Earl H. Carroll issued a decision finding that the State AHCCCS program
has failed to assure that recipients of Home and Community Based Services
receive their prescribed services.
The Judge ordered AHCCCS to make extensive reforms to assure that it
“provide[s] each individual who qualifies for its services with those
services for which the individual qualifies without gaps in service.”
The lawsuit was filed in the U.S. District
Court in
On May 24, 2005, United States District
Court Judge Earl H. Carroll issued an order setting out the terms by which
Arizona Health Care Cost Containment System (AHCCCS) must comply to remedy gaps
in critical services for disabled individuals who need personal care services
in the home. The proposed modified
injunction enhanced the remedies originally ordered by the Court on August 13,
2004. The modified injunction
reduced the number of hours AHCCCS Program Contractors have to fill gaps in the
delivery of critical services from four to two hours. In addition, the order forces AHCCCS to
comply with many of the remedies by August 15, 2005. On June 28, 2005, the
Court entered a final order incorporating almost all of the provisions of the
proposed order.
AHCCCS had requested a stay and appealed
Judge Carroll's August 13, 2004 decision to the U.S. Court of Appeals for the
Ninth Circuit. On May 17, 2005, the
Ninth Circuit denied the stay request and oral argument on the appeal could
come as early as October 2005.
1. Interveners Amended Complaint (PDF
only)
2. Memorandum In Support Of Motion To Certify A Class
Action (PDF only)
3. Memorandum Of Points And Authorities In Support
Of Plaintiffs' Motion For Summary Judgment (PDF only)
4. Plaintiffs' Statement Of Facts In Support
Of Motion For Summary Judgment (PDF only)
5. Plaintiffs’
Trial Brief (PDF only)
6. Findings Of
Fact; Conclusions Of Law; And Order (PDF only)
7. Final Order