For Immediate Release
January 14, 2019
Contact: Abby M. Reitz, Communications Manager
NAELA Celebrates Success in CTNAELA, et. al. v. Bremby
Case Results in Creation of Searchable Database of Connecticut Medicaid Fair Hearing Decisions
Washington, DC — In August 2017, the National Academy of Elder Law Attorneys (NAELA) Connecticut Chapter requested a grant as it sought injunctive and declaratory relief against the Connecticut Department of Social Services for failing to make available to the public copies of decisions after administrative hearings. The NAELA Foundation approved a grant of $10,000 to the Connecticut Chapter in the matter of CTNAELA, et al. v. Bremby.
“In continuing to expand its activities to impact older Americans, people with special needs, and their families, the NAELA Foundation is proud to support the Connecticut Chapter’s efforts,” said NAELA Foundation Chair Stuart D. Zimring, Esq., CAP.
Prior to the settlement of this case, DSS refused to provide copies of Fair Hearing Decisions and claimed that Fair Hearing Decisions were part of individuals’ Medicaid eligibility files and constituted client data and/or personal health information that is protected from disclosure.
With financial and legal support from the NAELA Foundation and after years of hard work by individual officers and board members of CT NAELA, DSS agreed to settle the Federal case by agreeing to create and update a searchable database of all long-term care Medicaid Fair Hearing Decisions issued after January 1, 2013. The Settlement was approved by the Court on November 29, 2018.
“The recent settlement agreement is a huge win for elder law and special needs law attorneys in Connecticut. Thanks to the hard work and support provided by the Connecticut Chapter and the NAELA Foundation, we can access valuable information to assist our clients,” said CT NAELA President Edward G. Lang.
In January 2019, as a result of a settlement agreement between CT NAELA and the Connecticut Department of Social Services (DSS), DSS created a searchable database of redacted decisions of all long-term care Medicaid Fair Hearing Decisions issued after January 1, 2013. The decisions may be found by entering the keywords “Administrative Hearings Decisions” in the “Search Department of Social Services” on the Home screen of the DSS website. This will bring you to a searchable database. The database may also be accessed here.
“National NAELA is proud to work with its state chapters to bring about positive outcomes in litigation. NAELA State Chapters are instrumental in calling attention to issues affecting the elderly and people with special needs in their communities so that we can work together and take action,” said NAELA President Michael J. Amoruso, Esq., CAP, Fellow.
Members of the National Academy of Elder Law Attorneys (NAELA) are attorneys who are experienced and trained in working with the legal problems of aging Americans and individuals of all ages with disabilities. Upon joining, NAELA member attorneys agree to adhere to the NAELA Aspirational Standards. Established in 1987, NAELA is a non-profit association that assists lawyers, bar organizations, and others. The mission of the National Academy of Elder Law Attorneys is educate, inspire, serve, and provide community to attorneys with practices in elder and special needs law. NAELA currently has members across the United States, Canada, Australia, and the United Kingdom. For more information, visit NAELA.org, or to locate a NAELA member attorney in your area, visit NAELA.org/findlawyer.
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