Bessey v. Nebraska Department of Health and Human Services (District Court of Lancaster County)

Executive Summary

Legal Aid of Nebraska, joined by Nebraska Appleseed, the National Health Law Program, and TechTonic Justice, has filed a lawsuit against the Nebraska Department of Health and Human Services (DHHS), challenging the State’s use of its new assessment system, which uses an algorithm to cut Medicaid home-care services for many individuals with intellectual and developmental disabilities.

The lawsuit is filed on behalf of Nicholas Bessey, a Nebraskan with developmental disabilities who relies on Medicaid services provided by the State to remain in the community. These services allow Nicholas to live closer to friends and family and in his community, rather than in an institution at greater expense to the State.