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DRWV filed a civil complaint.

Disability Rights of West Virginia (DRWV), our state’s designated Protection and Advocacy System (P&A) for disabilities, filed a civil complaint in the Southern District of WV regarding the denial of a prompt final administrative decision for I/DD waiver recipients who requested Medicaid fair hearings. The Board of Review (BOR) issued an unknown number of abeyance orders to individuals awaiting Medicaid fair hearing placing their right to a prompt final administrative decision on hold. It is alleged by DRWV that this erroneous action by the BOR has given rise to a 1983 civil rights claim for individuals who were denied their right to a prompt final administrative decision.