West Virginia Introduces Medicaid Waivers for Brain Injury Survivors

After years of delays and court battles, a recently adopted Medicaid waiver program in West Virginia will allow some survivors of brain injuries to receive care at home instead of at live-in facilities.

The waiver program, which is funded primarily by the federal government, began accepting enrollees on February 1. It will accept up to 75 people in its first year, 100 people in the second year and 125 people in the third. Brain injury survivors enrolled in the waiver program will be re-evaluated periodically to determine their need for continued services.

Although some applaud the introduction of the waiver program as an important step toward providing survivors of brain injuries with the care they need, others have expressed concerns about the scope and quality of the services that will be offered. Critics of the West Virginia waiver program contend that it will benefit only a fraction of traumatic brain injury survivors in need of services, and that the training requirements for service providers under the plan will not meet the needs of brain injury survivors.

Legal Remedies For Traumatic Brain Injury

People living with the consequences of a brain injury caused by someone else's actions or negligence may be able to receive compensation for their injuries by seeking damages in civil court. If successful, the injured person may receive compensation for the cost of in-home care as well as any other past or future medical expenses associated with the injury.

In addition to reimbursement of medical and rehabilitation costs, a court may also award damages to compensate the injured person for:

  • Pain and suffering
  • Lost income and earning potential
  • Disability and disfigurement
  • Loss of enjoyment of life

To learn more about the possibility of receiving compensation for a brain injury caused by someone else's negligence or wrongdoing, speak to a personal injury lawyer with experience advocating for the rights of people living with traumatic brain injuries.