Oral Argument: Taylor v. HCPF
09/28/2015 - 9:00am - 10:00am
On Monday, September 28, CCDC Legal Program Director Kevin Williams will argue Taylor v. Department of Health Care Policy and Financing before the Tenth Circuit Court of Appeals. CCDC members are welcome to attend in support; please arrive by 8 a.m. The argument is scheduled for 9:00 a.m. in Courtroom III of the Byron White Courthouse, located at 1823 Stout Street, Denver, CO 80257. This case, which has spanned many years, involves the question of whether the Department must pay home care attendants who assist a woman with a disability during non-emergency medical transportation (“NEMT”) trips. The plaintiff, Leslie Taylor, lives in rural Colorado where the Department does not provide a brokered NEMT service. In these locations, the Department reimburses individuals who drive themselves to medical appointments on a per-mile basis. In this case, the plaintiff, because of her disabilities, has required an attendant to drive her in the plaintiff’s car and travel with her to assist her during medical appointments that are a long distance from her home. The plaintiff requires the use of a wheelchair and has vision problems, which make it impossible for her to drive. Despite the fact that the Department agreed to and attempted to pay the attendants at one point, they suddenly changed their minds and said that the policy of the Department was that the per-mile reimbursement rate was supposed to cover mileage and payment of wages to attendants who often have been required to travel with the plaintiff all day long. The District Court granted the Department’s motion to dismiss, stating that the plaintiff had “meaningful access” to the NEMT program even though only she, because of her disabilities, is required to use her mileage reimbursements to pay for personal care attendants for hours of time traveling with and assisting the plaintiff. More about this case can be found on CCDC’s website at Taylor v. HCPF.