| FOR IMMEDIATE RELEASE
April 18, 2006
Legal Center Client Sues for Developmental Disabilities Services and Due Process
Media Contacts:
Andrea Faley, 303-722-0300, ext. 241
afaley@thelegalcenter.org
Liz Fuselier, 303-722-0300, ext. 229
fuselier@thelegalcenter.org
(DENVER) -
On Friday, April 14, 2006, The Legal Center filed suit in Denver District Court
on behalf of its client, Ann Rossart. The lawsuit asserts that Developmental
Pathways, Inc., a community-centered board licensed under the state to serve
people with developmental disabilities, and two state agencies, the Department
of Human Services and the Department of Health Care Policy and Financing,
unlawfully denied Ms. Rossart developmental disabilities services and deprived
her of the right to a fair hearing.
"This case represents an alarming trend," stated Andrea Faley, attorney for Ms. Rossart. "Advocates and families are concerned that many people with developmental disabilities aren't getting access to public benefit programs that would enable them to be working, volunteering, or otherwise actively engaged in community activities," stated Ms. Faley. "Instead," said Ms. Faley, "people like Ms. Rossart remain isolated in their homes and struggle to be involved in their communities."
The suit also alleges that Ms. Rossart was denied access to due process. "Everyone who is denied Medicaid services gets the right to a Medicaid fair hearing before a state administrative law judge," said Ms. Faley, "except people with developmental disabilities." The suit contends that the failure to provide Ms. Rossart with the right to such a hearing was a violation of the Medicaid Act, the Americans with Disabilities Act, the Rehabilitation Act, and other laws.
The Legal Center for People with Disabilities and Older People, a nonprofit organization established in 1976, uses the legal system to protect and promote the rights of individuals with disabilities and older adults through direct legal representation, advocacy, education and legislative analysis.
Parties & Case Number:
Plaintiff: Ann Rossart
Defendants: Developmental Pathways, Inc., John Meeker (individually
and in his official capacity), Colorado Department of Human Services,
Marva Livingston Hammons (individually and in her official capacity),
Colorado Department of Health Care Policy and Financing, and Stephen
C. Tool (in his official capacity).
Case No.: 06CV4479
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