K W et al v. Armstrong et al

Filing 41

PRELIMINARY INJUNCTION re: 38 Stipulation. Signed by Judge B. Lynn Winmill. (caused to be mailed to non Registered Participants at the addresses listed on the Notice of Electronic Filing (NEF) by (cjm)

IN THE UNITED STATES DISTRICT COURT
FOR THE DISTRICT OF IDAHO
K.W., by his next friend D.W, et al.,
Plaintiff,

Case No. 1:12-CV-22-BLW

v.
PRELIMINARY INJUNCTION
RICHARD ARMSTRONG, in his official
capacity as Director of the Idaho
Department of Health and Welfare;
PAUL LEARY, in his official capacity as
Medicaid Administrator of the Idaho
Department of Health and Welfare; and the
IDAHO DEPARTMENT OF HEALTH
AND WELFARE, a Department of the
State of Idaho,
Defendants.

This Court has the parties’ STIPULATION FOR PRELIMINARY INJUNCTION. This
Court has reviewed the record in this case and the parties’ stipulation, and has determined that
there is good cause for approving the parties’ stipulation.
Now, therefore, IT IS ORDERED that defendants RICHARD ARMSTRONG, in his
official capacity of the Idaho Department of Health and Welfare, and PAUL LEARY, in his
official capacity as the Medicaid Administrator of the Idaho Department of Health and Welfare,
and all of their officers, servants, employees, attorneys, and all those in active concert or
participation with them are HEREBY ENJOINED as follows:

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1. The defendants shall restore and continue the plaintiffs’ Medicaid services under the
Idaho Developmental Disabilities waiver as provided in the Individual Support Plans in place for
each plaintiff prior to July 1, 2011, and before the last “ANNUAL ICF/ID LEVEL OF CARE
AND DD ELIGIBILITY APPROVAL NOTICE” and budget assignment notice sent to them,
and are prohibited from reducing or terminating Medicaid services under the Idaho
Developmental Disabilities waiver to the plaintiffs based on their most recent assigned budget
limits unless and until the defendants first provide adequate advance notice, approved by this
Court, and the opportunity for a fair hearing prior to the reduction or termination of services. If
the parties cannot agree, for any individual plaintiff, upon the level of services or Individual
Support Plan to which he or she is to be reinstated, continued, or restored under this order, that
plaintiff or the defendants may apply to this Court for clarification.
2. For any participant of the Idaho Medicaid Adult Developmental Disabilities program
who makes a request (personally or through their guardian or attorney, or by another person
providing a duly executed IDHW Authorization for Disclosure) for the budget setting
methodology, the defendants shall make all of the following materials available for inspection
and copying:
(a)

Unaltered and unredacted electronic copies of the budget calculating tool
spreadsheets used to compute individual Medicaid budgets, including all
prior versions of the budget calculating tool that are in the custody,
control, or possession of the Idaho Department of Health and Welfare.

(b)

Unaltered and unredacted copies of the Inventory of Individual Needs
concerning that participant, including all prior Inventory of Individual

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Needs concerning that participant.
(c)

Unaltered and unredacted electronic copies of the budget calculating tool
spreadsheets actually used to compute that participant’s budget, including
all prior versions of the budget calculating tool spreadsheets that are in the
custody, control, or possession of the Idaho Department of Health and
Welfare and were actually used to compute that participant’s prior
budgets.

(d)

All materials in that participant’s case file(s) maintained by the Idaho
Department of Health and Welfare (IDHW) and each IDHW contractor
that performed an independent assessment of the requesting individual.
Provided that, if any copyrighted materials are copied, they shall only be
copied as allowed by the fair use and other exceptions to the copyright
law.

(e)

The following documents and materials:
(i) Budget calculating tool, dated 05/10/2011 (no version number
designated);
(ii) Budget calculating tool, dated 04/15/2011 (Version 7);
(iii) Budget calculating tool, dated 10/19/2009 (Version 6);
(iv) Budget calculating tool, dated 07/20/2009 (Version 5);
(v) Budget calculating tool, dated 07/16/2009 (Version 4);
(vi) Budget calculating tool, dated 05/01/2009 (Version 3);
(vii) Budget calculating tool, dated 11/15/2007 (Version 2.5);

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(viii) Idaho Medicaid Adult Developmental Disabilities Program
Individualized Budget Calculation, dated 06/15/2006;
(ix) Individualized Budget Implementation, dated 07/19/2006;
(x) Individualized Budget Fact Sheet, dated 10/06/2007;
(xi) Department and IAP Individualized Budget Training Video
Conference Friday 09/15 [year is unidentified] from 9-12 [p.m.];
(xii) Idaho Department of Health and Welfare Division of Medicaid
Bureau of Developmental Disability Services Adult Developmental
Disabilities Individual Budget Model Analysis, dated 01/20/2009;
(xiii) The Idaho Medicaid Adult DD Individual Budget Review Analysis,
dated 01/20/2009;
(xiv) Calculated Budget Plan (CBP) Model [undated fact sheet];
(xv) Idaho Department of Health and Welfare, Division of Medicaid Adult
Developmental Disabilities Summary of Individualized Budget Model
Methodology [undated];
(xvi) Summary of Statistical Modeling Methodology of the Idaho
Medicaid Adult DD Individualized Budget [undated long version];
(xvii) Summary of Statisical Modeling Methodology of the Idaho
Medicaid Adult DD Individualized Budget [undated short version];
(xviii) Data used in the regression analyses for creating the budget tool,
provided IDHW estimates it will take approximately 160 hours or more to
replace the personal identifying information within that data with

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anonymous identifiers, and it shall not be a violation of this injunction if
the defendants do not provide that data with anonymous identifiers or until
a reasonable time is permitted for the defendants to complete that 160
hours or more of work; and
along with any descriptions, reports, studies and other records concerning
IDHW’s present, prior, and future methodologies, models, tools,
spreadsheets, memoranda, training manuals, other materials, including any
materials provided to the Independent Assessment Providers, that are in
the custody, control, or possession of IDHW or are later created, obtained,
found, or discovered by IDHW. All information and materials shall be
unredacted and unaltered and shall include all records that are
electronically stored.
If a plaintiff or the defendants are unable to agree whether any requested record or information is
within the scope of this injunction, that plaintiff or the defendants may apply to this Court for
clarification.
3. For any member of the public who makes an Idaho Public Records Law request for
the budget setting methodology, the defendants shall make all of the materials described in
subparagraphs 2(a) and 2(e) of this injunction available for inspection and copying.
This preliminary injunction is entered because the parties have agreed by written
stipulation to its entry, and also for the reasons set forth in the FIRST TEMPORARY
RESTRAINING ORDER (Dkt. 31). The entry of this preliminary injunction does not mean any
party may not later raise, argue, or present evidence on any of the issues addressed by this

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injunction or any other issue already presented in the pleadings or later properly raised by any
party. The bond requirement of F.R.C.P. 65(c) is waived on the ground that the plaintiffs are
indigent.

DATED: March 12, 2012

B. LYNN WINMILL
Chief Judge
United States District Court

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