LINCOLN, Neb. (AP) — A judge has dismissed a lawsuit that a Nebraska mother hoped would restore her position as a private-duty nurse for her son who is disabled and autistic.
Dee Shaffer filed appeals with a state agency and sued in district court after the state reneged on a contract allowing her to be paid to take care of her son.
The state’s managed care provider, Coventry, had determined that the services weren’t medically necessary.
Shaffer was successful in her lawsuit challenging the state agency on medical necessity ruling, but Coventry appealed. The Supreme Court reversed and vacated the district court order since Coventry wasn’t included as a necessary party.
A Lancaster County judge has determined that because of the former court ruling, he couldn’t find that the care was medically necessary.