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Disability Rights of W.Va. files complaint for Medicaid fair hearing

Press Release from Disability Rights of West Virginia: 


CHARLESTON, W.Va. — Disability Rights of West Virginia, the state’s designated Protection and Advocacy System for disabilities, has filed a civil complaint in the Southern District of West Virginia regarding the denial of a prompt final administrative decision for I/DD waiver recipients who requested Medicaid fair hearings.  

“The Board of Review issued an unknown number of abeyancae orders to individuals awaiting Medicaid fair hearing, placing their right to a prompt final administrative decision on hold. It is alleged by DRWV that this erroneous action by the BOR has given rise to a 1983 civil rights claim for individuals who were denied their right to a prompt final administrative decision,” a DRWV representative said.

Here is the court document: Complaint (stamped by court)

Link to PDF:


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