M. R., et al. v. Dreyfus, et al.

Plaintiffs, Washington Medicaid beneficiaries with severe mental and physical disabilities, appealed the district court's denial of their motion for a preliminary injunction. Plaintiffs sought to enjoin the operation of a regulation promulgated by Washington's DSHS that reduced the amount of in-home "personal care services" available under the state's Medicaid plan. The court concluded that plaintiffs have demonstrated a likelihood of irreparable injury because they have shown that reduced access to personal care services would place them at serious risk of institutionalization. The court further concluded that plaintiffs have raised serious questions going to the merits of their Americans with Disabilities Act, 42 U.S.C. 12132, and Rehabilitation Act, 29 U.S.C. 794(a), claims, that the balance of hardships tipped sharply in their favor, and that a preliminary injunction would serve the public interest. Accordingly, the court remanded for entry of a preliminary injunction.