This case involves the termination of LTC benefits as a result of funding an account with the Maine Pooled Disability Trust. Requesting counsel initiated an individual injunctive action in the appropriate county Superior Court for declaratory and injunctive relief that federal Medicaid law prohibits state Medicaid programs from denying LTC benefits to an individual because they funded a pooled SNT account. The funding request was for $24,000, under the assumption that SNA and the MPDT would contribute similar amounts. Upon review, NAELA’s Litigation Committee recommended that the Foundation fund the grant. The Foundation approved a grant of $10,000 in support of Richardson v. Maine Dept. of Health and Human Services, contingent upon receiving the necessary funds from the other organizations to support the matter. Confirmation of the required support led to the release of the grant.

The Court ruled in favor of the Maine Department of Health and Human Services. As a result, the original requestor is seeking an additional $7,500 grant to appeal (see attached). The Litigation Committee unanimously recommended Foundation approval, noting that this could be the last, best chance to focus on this issue.