Advocates hopeful attendant care lawsuit will have broader implications for Indiana families

Two Indiana mothers will continue to be reimbursed by the state for the care they give their medically complex children after a federal appeals court ruling.

There could be broader implications of the appellate decision, which said the state's actions likely violate the Americans with Disabilities Act.

For years, Indiana allowed family caregivers to provide attendant care to their medically complex children. But citing budget issues, the state last year transitioned those families to structured family care — which provides them less money.

Two mothers sued, arguing the decision would force their children into institutions.
 

Both a federal district judge and appeals court agree, requiring the state to continue reimbursing those mothers for attendant care until a full-time nurse for each family can be found.

Sam Adams is a senior attorney for Indiana Disability Rights, which represents the families. He said the state has shown some willingness to discuss allowing family caregivers to continue providing attendant care.

"A hope that a final resolution will be able to have a wider impact on other families that have similar situations," Adams said.

The lawsuit will continue, and Adams described it as an "evolving situation."
 

Brandon is our Statehouse bureau chief. Contact him at bsmith@ipbs.org or follow him on Twitter at @brandonjsmith5.