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Class action West Virginia lawsuit seeks to enjoin health department from terminating benefits to the disabled

In 2003, West Virginia Governor Joe Manchin, said that to meet budget constraints, a program called the Medicaid Home and Community Based Aged/Disabled Waiver Program (ADWP) would have its budget frozen at $60 million.

As a result, ADWP recently changed its requirements to be more stringent as to who qualifies for these benefits, leaving many previously covered under the plan without benefits.

The lawsuit alleges discrimination and a violation of equal protection against qualified applicants of aid, a violation of due process, and seeks an order enjoining the West Virginia Department of Health and Human Resources (DHHR) from terminating these ADWP benefits to the mentally and physically disabled.

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