Braddock

MEMORANDUM ***

The Arc of Washington State, Inc., and three developmentally disabled individuals (collectively Arc unless otherwise apparent from the discussion) appeal the grant of partial summary judgment against them, decertification of a class, and dismissal of their action against the Washington State Department of Social and Health Services and others (collectively DSHS). They claim that the district court committed nu *350 merous errors. 1 We affirm in part, reverse in part, and remand.

(1) DSHS asserts that this case has become moot because the Medicaid waiver program it refers to no longer exists, and four new Medicaid waiver programs have taken its place. By the same token, says DSHS, complaints about the four new programs are not ripe. We disagree on both counts.

The long and the short of it is that Arc attacks problems that are endemic to the programs, old and new. Thus, this is not a case of complaining about an action that has already been completed, 2 or of the total repeal of a statute or withdrawal of a rule that was allegedly improper, 3 or a case where we cannot affect the litigants’ rights. 4 Rather, it is one where the problems can be recrudescent, even if…