ADA Application to the Provision of Medicaid Services

In Rodriguez v. City of New York, (197 F.3d 611), the Second Circuit Court of Appeals addressed the application of the ADA to the provision of services under Medicaid. The plaintiffs sought to have their home health care services expanded to include safety monitoring, so that they could remain in their homes. In that case, the Second Circuit determined that the ADA did not apply to the plaintiffs, because they were seeking services that Medicaid did not provide, i.e., safety monitoring. Thus, the issue was not where to provide services but which services to provide.