Judge finds support agencies unwilling, not unable, to provide services to NOW/COMP participant

The Department of Behavioral Health and Developmental Disabilities (DBHDD) terminated an individual’s disability services with the New Options Waiver/Comprehensive Supports Program (NOW/COMP) after all six of the regional support coordination agencies claimed they were unable to provide services following “hostile” communications from the participant’s family members. The participant, through his representatives, challenged this termination. In considering the evidence presented—including the testimony from representatives of the support agencies on their difficulties accommodating the patient—the Judge concluded that the agencies were unwilling, not unable, to provide services to the individual.   The Judge therefore reversed the termination of NOW/COMP services.