Everts v. Health and Human Services

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Everts v. Health and Human Services

Case Number
Call Date
March 3, 2016
Court Number
Case Summary

S-15-635, Carol Everts [appellant] v. Nebraska Department of Health and Human Services, Jodi M, Fenner, Director of the Division of Developmental Disabilities, and Kerry T. Winterer, Chief Executive Officer of the Nebraska Department of Health and Human Services

Lancaster County, Honorable Stephanie Stacy

Attorneys: Shawn J. Farritor (Legal Aid of Nebraska) for appellant; Danielle Jones (Attorney General's Office) for appellee

Proceedings below: On appeal from an administrative proceeding, the district court affirmed the level of funding HHS approved for appellant's developmental disability services

Issues: Did the district court err in 1) finding DHHS properly based its decision regarding the level of funding appellant was entitled to for disability services solely by utilizing the ICAP assessment tool; 2) giving the ICAP assessment weight in light of evidence of its inaccuracy; 3) not considering whether appellant should receive higher funding than ICAP indicated based on her clearly demonstrated need, or 4) finding that the use of ICAP complied with the legislative mandate.