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Affirmative Litigation Ensures Coverage of Medically Necessary Adult Diapers

By Joel Ferber

Individuals who had a variety of disabilities and lived in community settings challenged Missouri’s policy of denying, for such individuals, adult incontinence briefs necessary to avoid skin breakdowns and infections. Although the case was not brought as a class action, the court found that the policy violated the Americans with Disabilities Act’s “integration mandate” as established in Omstead v. L.C. and ordered the state to establish a policy whereby adult Medicaid recipients could obtain medically necessary incontinence briefs. The U.S. Department of Justice submitted a statement in support of plaintiffs. The court awarded attorney fees to plaintiffs’ counsel.

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