T.D. et al v. Dreyfus

Filing 25

ORDER on Plaintiff's Motion for TRO, signed by Judge Ronald B. Leighton. (DN)

1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 The Honorable Ronald B. Leighton UNITED STATES DISTRICT COURT WESTERN DISTRICT OF WASHINGTON AT TACOMA T.D., a minor child, by her next friend, CATHLEEN D.; PARKER KOSHELNIKTURNER, by his guardian and next friend, GLEN TURNER; and VIRGINIA KOSHELNIK-TURNER, by her next friend, GLEN TURNER, on behalf of themselves and a class of persons similarly situated, Plaintiffs, v. SUSAN DREYFUS, in her official capacity as Secretary of the Washington State Department of Social and Health Services, Defendant. THIS MATTER came before the Court on the June 29, 2009 on Plaintiffs' Motion for a Temporary Restraining Order enjoining the Defendant, Susan Dreyfus, Secretary, Department of Social and Health Services (DSHS), from implementing reductions to Medicaid in-home personal care services for children under age twenty-one that were scheduled to go into effect on July 1, 2009. Present at the hearing were Amy L. Crewdson and Eleanor Hamburger, counsel for Plaintiffs, and Assistant Attorneys General Edward Dee and Michael Young, representing the Defendant. NO. C09-5379 RBL ORDER ON PLAINTIFFS' MOTION FOR TRO

[AMENDED PROPOSED] ORDER ON PLAINTIFFS' MOTION FOR TRO NO. C09-5379RBL

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The Court, having reviewed the memoranda, declarations and exhibits submitted by the parties, and having considered the oral arguments presented at the hearing on the motion, hereby enters the following ORDER: ORDER 1. Defendant is enjoined until August 1, 2009 from implementing reductions to

Medicaid in-home personal care services for children under age twenty-one. 2. To further inform the Court prior to August 1, 2009, Defendant shall provide the

Court with any additional evidence and information the state currently has or subsequently receives regarding communications between DSHS and the Centers for Medicare and Medicaid Services (CMS) related to the reductions to Medicaid in-home personal care services at issue in this litigation, including CMS's responses to said communications.

DATED this 2nd day of July, 2009.

A

RONALD B. LEIGHTON UNITED STATES DISTRICT JUDGE

[AMENDED PROPOSED] ORDER ON PLAINTIFFS' MOTION FOR TRO NO. C09-5379RBL

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1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 s/ Amy L. Crewdson AMY L. CREWDSON, WSBA #9468 Attorneys for Plaintiffs Approved as to form; notice of presentation waived: SIRIANNI YOUTZ MEIER & SPOONEMORE s/ Eleanor Hamburger ELEANOR HAMBURGER, WSBA #26478 COLUMBIA LEGAL SERVICES Presented by: ROBERT MCKENNA Attorney General s/ Edward J. Dee EDWARD J. DEE, WSBA #15964 Senior Counsel s/ William Bruce Work WILLIAM BRUCE WORK, WSBA #33824 Assistant Attorney General s/ Michael M. Young MICHAEL M. YOUNG, WSBA #35562 Assistant Attorney Generals Attorneys for Defendant Office of the Attorney General 7141 Cleanwater Drive SW P.O. Box 40124 Olympia, WA 98504-0124 Phone: [phone] Fax: [phone] Attorneys' E-mail Addresses: [e-mail] [e-mail] [e-mail]

[AMENDED PROPOSED] ORDER ON PLAINTIFFS' MOTION FOR TRO NO. C09-5379RBL

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