In September, 2010, to address budgetary concerns, Louisiana passed Act 490, which lowered the maximum weekly hours available to LT-PCS program beneficiaries from 42 hours to 32 hours per week. The reduction in weekly service hours applied to current and new LT-PCS beneficiaries. DHH determined that the reduction in service hours would save Louisiana $5 million in 2011 and $24 million in 2012.
On September 22, 2010, Helen Pitts and other plaintiffs filed suit against DHH and Secretary Bruce Greenstein (“Defendants”) for declaratory and injunctive relief to prohibit the implementation of the reduction in weekly service hours, claiming the Act violated Title II of the Americans with Disabilities Act (“ADA”) and Section 504 of the Rehabilitation Act of 1973, by unlawfully discriminating against them by depriving them of at-home assistance necessary to remain “integrated” into the community. Pitts et al v. Greenstein, 2011 WL 2193398 (M.D. La. 2011). Plaintiffs contended the average cost of services for an individual in the LT-PCS program is less than the cost of maintaining the individual in a nursing home.