CHARLESTON, W.VA (CN) – West Virginia is cutting medical benefits for disabled and mentally retarded children without due process, a class action claims in Federal Court.
Parents of children eligible for benefits under the Children with Disabilities Community Service Program are getting letters stating generic reasons for the termination of their in-home nursing assistance, according to the complaint.
The letters give parents no idea why the assistance that some have received for years is being reduced or taken away altogether.
The class claims the state’s notification process violates the due process clause of the Constitution. It wants West Virginia enjoined from arbitrarily cutting benefits. It also asks the court to force the state to come up with a better way of notifying people when their benefits are being reduced.
The class is represented by Bren Pomponio with Mountain State Justice.