Stay back in force for change in DHHS services
Posted March 16, 2010
Raleigh, N.C. — The North Carolina Court of Appeals overruled a lower court ruling Tuesday in the suit brought against the state Department of Health and Human Services.
It is the latest in the back-and-forth court battle begun when the Association for Home and Hospice Care of North Carolina Inc. filed suit against the state asking that changes to how care is determined be stopped.
Tuesday's ruling agrees with the preliminary injunction ordered Feb. 19 by Judge Don Overby which prevents the Division of Medical Assistance from using a new scoring system to determine how many hours of in-home care patients can receive.
DHHS is under pressure to reduce costs because of budget cuts made by the state legislature. The agency admitted that the review of care was spurred by budgetary concerns.
In his ruling, Overby found association members would be harmed if DHHS proceeds with the planned cuts.