Montgomery County, MD — September 23, 2025
Four Maryland adults with intellectual and developmental disabilities (IDD), supported by The Arc Montgomery County, have filed a class action lawsuit against the Maryland Department of Health (MDH), MDH Secretary Meena Seshamani, and the State of Maryland. The plaintiffs claim the state’s system for determining Medicaid eligibility is dysfunctional and has unlawfully terminated critical benefits and services for thousands of residents with disabilities.
The complaint, filed in the Circuit Court for Montgomery County, alleges that since the end of the COVID-19 public health emergency in May 2023, MDH has repeatedly failed to properly “redetermine” Medicaid eligibility for participants in Maryland’s Medicaid waiver programs. These programs provide essential supports — such as housing, assistance with daily living, and job coaching — that enable people with IDD to live and work in their communities.
Alleged Due Process Violations
According to the lawsuit, hundreds of Marylanders with IDD have been erroneously disenrolled from Medicaid waiver programs despite maintaining financial eligibility. Plaintiffs say terminations have occurred without adequate notice, explanation, or a fair process to appeal. In some cases, notices were reportedly mailed to incorrect addresses or cited regulations that do not exist.
The filing states that more than 18,000 Maryland residents rely on these waiver programs and face the risk of losing life-sustaining supports if the state’s process is not fixed.
The Arc Montgomery County’s Role
The Arc Montgomery County, a nonprofit supporting people with IDD, joined the lawsuit, citing breach of contract by the state. The organization says it has provided more than $9 million in unreimbursed services since January 2024 due to systemic delays and administrative failures.
“Advocacy is not just a core value at The Arc Montgomery County — it’s our driving force,” said Daria Cervantes, CEO of The Arc Montgomery County. “We stand with our co-plaintiffs and all Marylanders with intellectual and developmental disabilities in this fight to secure the rights and benefits to which they are entitled.”
Legal Perspective
Attorneys representing the plaintiffs, Kevin Docherty, Joshua Auerbach, and Neel Lalchadani of Brown, Goldstein & Levy, LLP, argue that MDH’s process violates the Fourteenth Amendment and Maryland’s Declaration of Rights, as well as federal and state Medicaid law.
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“The breakdown of Maryland’s Medicaid redetermination process threatens to have a disastrous impact on Marylanders with intellectual and developmental disabilities,” said attorney Kevin Docherty. “We’re proud to work with these families to ensure the State conducts Medicaid reviews lawfully so people can continue receiving the supports they need to thrive.”
Looking Ahead
The lawsuit seeks to force MDH to fix its eligibility determination process, safeguard due process rights, and reimburse providers like The Arc Montgomery County for services already delivered. If successful, the case could impact thousands of Marylanders who depend on Medicaid waiver programs to maintain housing, employment support, and personal care.
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