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Board of Medical Assistance Services
 
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10/3/26  5:45 am
Commenter: Eric Rothman

Does this violate federal law?
 

I am aware that the various social safety net cuts mandated by the Big Beautiful Bill creates difficult choices for the Virginia state government.  However, the Americans with Disabilities Act includes federal level protections for the special needs community.  Does this now create a partially unfunded mandate for the state?  Perhaps, but the state’s obligations do not change because of this.   

By creating new hurdles to get support hours paid for and by systematically cutting such hours the state will potentially force thousands of special needs adults out of their homes and into institutional settings, which are clearly not the “least restrictive environment.”

These proposed changes may well place the state of Virginia on a collision course with the federal government.  This administration has shown a significant willingness to clash with Democratically controlled states and the Department of Justice might forcefully intervene in this matter.

Virginia needs to strengthen the family caretaker system, not attack and underfund it.  The recent elimination of the EVV exemption is a perfect example of taking steps in the wrong direction.  

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