C.S. v. ODHS: FAQ on Preliminary injunction
On April 19, 2017, the court granted a preliminary injunction. The parties worked collaboratively on this order, and it was agreed to by the plaintiffs, ODDS/DHS, and the court.
Frequently Asked Questions
What is a preliminary injunction?
A preliminary injunction is a court order issued early in a case that requires a party to continue or stop a particular action while the case moves forward. A preliminary injunction is only a temporary order. It does not resolve the whole case.
Who is affected by the preliminary injunction?
The preliminary applies to roughly 3,000 children and 8,000 adults who use in-home supports through Oregon’s I/DD system. It applies people with I/DD who get services through ODDS. People who get in-home care services through APD or for other disabilities are not affected.
What is the effect of this preliminary injunction?
The preliminary injunction in this case temporarily restores in-home support hours that were cut by DHS’s new version of the assessment tool (ANA-D or CNA-D), and prevents additional cuts while the case moves forward.
What does the preliminary injunction require?
All people whose in-home support hours were cut by using ANA-D or CNA-D will see their hours restored. ODDS will restore these hours by June 15, 2017.
ODDS may still reassess individuals using the older version of the assessment tool (ANA-C or CAN-C). Hours my increase or stay the same based on new assessments, but hours cannot be reduced below what the person was receiving as of November 1, 2016.
ODDS must restore hours more quickly for individuals who have a pending administrative appeal or exceptions request relating to in-home hours as of April 19, 2017. For these individuals, ODDS must restore hours by May 15, 2017.
Do I have to do anything?
If your hours were cut, ODDS will take steps to inform you that your hours will be restored. You hours should be automatically restored. Please remember that restorations will not be immediate. ODDS has until June 15, 2017 to complete the process.
What if my hours still aren’t enough?
If your hours are still not enough to meet your needs, you have options to get more hours. You can request a new assessment. You can also request additional hours through the exceptions process. You can talk to your Services Coordinator or Personal Agent about requesting an exception, or request an exception directly from ODDS.
What happens next?
The preliminary injunction is about restoring hours and preventing further cuts while the lawsuit moves forward. The preliminary injunction is only temporary, while the parties create a long-term plan for assessing needs and providing fair notice to people with disabilities of changes to their services.
