A 2022 Appeals Court decision in a Washtenaw County case restored a favorable ruling in an administrative hearing to a DD adult.
FYI: (This case was decided in February 2022.) The guardian of a DD adult requested an administrative hearing to determine whether an increase in the adult's budget from CMH was necessary to allow him to achieve his goals written in an Individual Plan of Service. Ultimately, an administrative law judge in an appeals hearing sided with the adult with DD and his guardian. WCCMH appealed the decision to the Circuit Court. It turns out the law says that the administrative law decision is final and WCCMH had no right to appeal the decision. Here is a summary and explanation of the case from the Website of Disability Rights Michigan.
Wiesner: Making sure that when Michigan Medicaid recipients win administrative appeals, the win is final.
Case Status: Resolved
Case Filed: March 2019
Main Concern
Under federal Medicaid law, Medicaid recipients have the right to challenge decisions made by the state Medicaid agency and its contractual agents, like local community mental health organizations (CMHs).
These challenges come in the form of administrative appeals. The concern in this case was that the recipient won his administrative appeal, but the CMH then appealed the favorable hearing decision to a judicial court. [emphasis added]Summary Kevin Wiesner receives services from Washtenaw County CMH (WCCMH). In 2019, Mr. Wiesner?s guardian told WCCMH the budget given for his services was not enough to do what those services were supposed to according to Mr. Wiesner?s individual plan o...
