Cynthia Carpenter-Barker v. Ohio Department of Medicaid, et al.
AdministrativeLaw Arbitration SocialSecurity ERISA Securities
Whether a state agency is entitled to deference of its fact opinion of medical necessity in a Fed. R. Civ. P. 56 de novo review?
QUESTIONS PRESENTED FOR REVIEW This case involves a reduction in community-based nursing services that places claimant at risk of in violation of Olmstead v. L.C., 527 U.S. 581 (1999) and the integration mandates of the Americans with Disabilities Act (“ADA”), 42 U.S.C. § 12131, et seq., and Section 504 of the Rehabilitation Act of 1973 (“Section 504”), 29 U.S.C. § 794, et seq.: 1. Whether a state agency is entitled to deference ofits fact opinion of medical necessity in a Fed. R. Civ. P. 56 de novo review? 2. Whether animus or a state policy are required to prove discrimination under the “integration mandate”?