Opinion
NO. C09-5379 RBL.
July 2, 2009
Presented by: ROBERT MCKENNA, Attorney General, EDWARD J. DEE, WSBA #15964, Senior Counsel, WILLIAM BRUCE WORK, WSBA #33824, Assistant Attorney General, MICHAEL M. YOUNG, WSBA #35562, Assistant Attorney Generals, Attorneys for Defendant, Office of the Attorney General, Olympia, WA.
SIRIANNI YOUTZ, MEIER SPOONEMORE, ELEANOR HAMBURGER, WSBA #26478, COLUMBIA LEGAL SERVICES, AMY L. CREWDSON, WSBA #9468, Attorneys for Plaintiffs.
ORDER ON PLAINTIFFS' MOTION FOR TRO
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.
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.