Cota

ORDER GRANTING PLAINTIFFS’ MOTION FOR PRELIMINARY INJUNCTION

Plaintiffs are elderly persons and adults with physical and mental disabilities who bring the instant class action suit on behalf of themselves and those similarly situated against Defendants California Department of Health Care Services (DHCS) and its Director, David Maxwell-Jolly, to enjoin funding cuts as mandated by Assembly Bill ABx4 5 (ABx4 5) in the Medi-Cal Adult Day Health Care (ADHC) program. The Court previously entered a preliminary injunction preventing Defendants from reducing the maximum number of days per week of ADHC services from five to three.

The parties are now before the Court on Plaintiffs’ second Motion for Preliminary Injunction. Specifically, Plaintiffs seek to prevent Defendants from implementing new, more restrictive eligibility requirements for ADHC services that will take effect on or about March 1, 2010. Plaintiffs allege that these new requirements will result in the loss of ADHC benefits to themselves and potentially thousands of Class Members in violation of Title II of the Americans with Disabilities (ADA), section 504 of the Rehabilitation Act, The Medicaid Act, and various other…