1 SALLY HART AZ Bar. No. 13453
2 STEPHEN PALEVITZ AZ Bar No. 013356
ARIZONA CENTER FOR DISABILITY LAW
3 3131 N. Country Club, Suite. 100
Tucson, AZ 85716
4 (520) 327-9547
5 ANNE RONAN AZ Bar No. 006041
TAMI JOHNSON AZ Bar No. 017296
6 ARIZONA CENTER FOR DISABILITY LAW
3839 N. Third St., Ste. 209
7 Phoenix, AZ 85012
(602) 274-6287
8 THERESE YANAN
9 DNA PEOPLES LEGAL SERVICES
NATIVE AMERICAN PROTECTION & ADVOCACY PROJECT
10 P.O. Box 3539
Tuba City, AZ 86045
11 (520) 283-3208
12 BRUCE B. VIGNERY
SARAH LENZ LOCK
13 AARP LITIGATION
601 E. Street, NW
14 Washington, DC 20049
15 Attorneys for Plaintiffs
16 UNITED STATES DISTRICT COURT
17 DISTRICT OF ARIZONA
18 PEG BALL, CREE JAMES, a minor person by )
19 and through her grandfather and guardian BENNIE )
JAMES, and JEANNE SPINKA, as individuals ) No. CIV 00 - 67 TUC ACM
20 and as representatives of a class of persons )
similarly situated, ) INTERVENERS=
21 Plaintiffs, ) AMENDED COMPLAINT
)
22 VENNETTA GRAHAM, COLLIN PHELAN, a )
minor person by and through his mother KIM )
23 BOWMAN, GRACE COLLIER, JUDETH ) CLASS ACTION
HINTON, and VIRGINIA HASKELL, as )
24 individuals and as representatives of a class of )
persons similarly situated, )
25 Intervener-plaintiffs )
v. )
26 )
PHYLLIS BIEDESS, Director of the Arizona Health )
27 Care Cost Containment System, THE ARIZONA )
SNIPPETS:
ARIZONA CENTER FOR DISABILITY LAW
DNA PEOPLES LEGAL SERVICES NATIVE AMERICAN PROTECTION & ADVOCACY PROJECT
PHYLLIS BIEDESS, Director of the Arizona Health)
action lawsuit against the Director of the Arizona Health Care Cost Containment System,
The suit seeks to compel the defendants to provide adequate
home care services to recipients of Home and Community Based Services under the Arizona Long
Term Care System [ALTCS].
11 HCBS because they have been found to be at risk of institutionalization.
14 attendant care, personal care, housekeeper, and respite care services, but in this lawsuit
18 shortfall in home care services is not corrected, intervener-plaintiffs and other HCBS
21 give them written denial notices when they fail to provide workers to implement their care
ALTCS and are receiving HCBS services from defendant AHCCCS based on their limited financial
18 Containment System, known as AHCCCS.
It authorizes the establishment by states of medical assistance programs for low
25 individuals have been determined eligible, the state agency must continue to furnish
26 the recipient is found to be ineligible.
When she complained to Pima Health System, her case worker appeared to be
right to appeal when they failed to provide attendant care workers to carry out her care plan.
20 DES Division of Developmental Disabilities.
Intervener-Plaintiff Grace Collier
11 toilet, change her diaper, dress, and transfer from wheelchair to bed.
Pillow then said that her only option was to enter a nursing home until Pima Health
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