Kerri K, et al. vs. State of California, et al.

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May 15, 2019
DREDF and co-counsel Public Counsel and Sullivan & Cromwell filed a class action lawsuit this morning on behalf of five elementary school children with disabilities and their parents and guardians against the California Department of Education (CDE), directors of the Contra Costa County Office of Education, and staff at Floyd I. Marchus School to challenge the illegal and abusive use of restraints and seclusion in non-emergency situations. [...]

Class Action Seeks to End Illegal and Abusive Restraints and Seclusion Practices Used Against Children with Disabilities in California

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May 15, 2019
Concord, CA, May 15, 2019 — Four elementary school children with disabilities and their parents and guardians filed a class action lawsuit Monday against the California Department of Education (CDE), directors of the Contra Costa County Office of Education, and staff at Floyd I. Marchus School to challenge the illegal and abusive use of restraints and seclusion in non-emergency situations. [...]

State of Texas, et al. Plaintiffs-Appellees

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April 1, 2019
An amicus brief in the Texas v. U..S. case, on appeal in the 5th circuit, was filed on Monday, April 1 by DREDF and the Judge David L. Bazelon Center for Mental Health Law, working with the Dentons law firm on behalf of our two organizations and 13 other leading disability rights organizations. The case was originally brought in district court by a number of states, led by Texas, that claimed the Affordable Care Act (ACA) was rendered unconstitutional when the Trump administration reduced the mandatory penalty for failing to buy health insurance to zero, because the ACA was based on Congress' authority to tax and there was no longer a tax. [...]

DREDF Defends ACA in 5th Circuit Amicus Brief

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April 1, 2019
An amicus brief in the Texas v. U..S. case, on appeal in the 5th circuit, was filed on Monday, April 1 by DREDF and the Judge David L. Bazelon Center for Mental Health Law, working with the Dentons law firm on behalf of our two organizations and 13 other leading disability rights organizations. The case was originally brought in district court by a number of states, led by Texas, that claimed the Affordable Care Act (ACA) was rendered unconstitutional when the Trump administration reduced the mandatory penalty for failing to buy health insurance to zero, because the ACA was based on Congress' authority to tax and there was no longer a tax. [...]

DREDF Comments on Tennessee’s Proposal for a Section 1115 Medicaid Waiver

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February 7, 2019
DREDF submitted comments on February 7, 2019 in response to Tennessee’s proposal for a Section 1115 Medicaid Waiver that would allow the State to impose work requirements in its Medicaid program. DREDF, along with many other disability and healthcare advocacy organizations, unequivocally oppose this proposal and believe the changes would run counter to Medicaid’s core purpose to furnish medical assistance on behalf of people with insufficient income and resources to meet the costs of medically necessary care and to provide rehabilitation and other services to help families and individuals attain or retain capacity for independence or self-care. While Tennessee’s waiver application purports to contain exceptions for limited categories of people with disabilities, the very short proposal does not define or establish standards for these categories or indicate how the State would apply any exceptions. Our comments support our opposition to the proposal with research and analysis.

E.S. v. Regence BlueShield (2019)

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February 1, 2019
Pursuant to Federal Rules of Appellate Procedure 29(a)(3), amici curiae respectfully request leave of this court to file the attached brief in support of Plaintiffs-Appellants. Amici are the Disability Rights Education and Defense Fund; the National Association of the Deaf; the Bazelon Center for Mental Health Law; the Hearing Loss Association of America; the Hearing Loss Association, Oregon State Association; the Washington State Communication Access Project; the Oregon Communication Access Project; and the California Communication Access Project. Amici collectively share the mission of advancing the equality of people with hearing disabilities and removing discriminatory barriers to coverage of the health care services and devices that they need to fully participate in American society. [...]

DREDF’s Amicus Activity Kicks off New Year

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January 2019
DREDF filed two amicus briefs in the U.S. Court of the Appeals for Ninth Circuit, in support of the Plaintiffs-Appellants discriminatory health benefit design claims. The cases, Schmitt v. Kaiser and E.S. v. Regence Blueshield, challenge the private health plans' exclusions of hearing loss treatments (including hearing aids) as disability discrimination under Section 1557 of the Affordable Care Act ("ACA"). DREDF's brief focuses on how the hearing loss exclusions violate longstanding principles of disability nondiscrimination law; undermine the purposes of the ACA; and inhibit people with hearing disabilities from accessing the services and devices that they need to equally access education, employment, and public services and  effectively participate in their communities.

DREDF Comments on Medicaid Managed Care Rule

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January 17, 2019 DREDF submitted comments January 14, 2019 on proposed changes to the federal regulations currently governing managed care organizations that deliver Medicaid services. The Centers for Medicare and Medicaid want to streamline and reduce the “regulatory burden” of the current rule on states that administer Medicaid. DREDF’s comments argue against proposed cut backs on requirements for communication accessibility and network adequacy.

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