Whether the Medicaid agency Nullified or ignored its Federal and State statutory requirements

QUESTIONS PRESENTED Whether the Medicaid agency Nullified or ignored its Federal and State statutory requirements by withholding attendant care service payment that were reflected in the person-centered service plan under the Home and Community-Based state plan option (community first choice) Waiver constitutes a violation within the meaning of Title XIX of the Social Security Act, as amended, 42 U.S.C. §1396(0); 42 U.S.C. §1396a(a)(30)(A); and within the meaning of the Fair Labor Standards Act of 1938, as amended, 29 U.S.C. §158(d), 29 USC. §218¢ Whether the Medicaid agency’s policy and rule is a form of discrimination against the eligible Developmentally Disabled persons within the meaning of Title II of the Americans with Disabilities Act of 1990, as amended, 42 U.S.C. §12132; and Section 504 of the Rehabilitation Act, 29 U.S.C. §794.