By Lawrence Messina The Associated Press

A line-item veto by Gov. Joe Manchin is landing the state back in court over its handling of West Virginians who seek to remain at home as they receive care for disabilities.

A federal judge ruled in 2000 that eligible residents should not wait more than 90 days for waivers allowing in-home treatment through Medicaid.

While administration officials say they're prepared to commit $5 million to satisfy that court order, the nonprofit legal aid group that won it after a 1999 lawsuit petitioned Wednesday for its enforcement.

"We have a duty to our class members, ongoing, to see to it that the order is complied with,'' said lawyer Bren Pomponio of Mountain State Justice. "We had to put something together to have this enforced through the federal court because they weren't able to do it on their own.''

The waivers aim to benefit people with developmental disabilities by keeping them at home or in their communities instead of institutions. More than 370 people were on the waiting list as of last month, Pomponio said, nearly three-fourths of them for more than 90 days.

Those waiting include children with such conditions as autism. Ann McDaniel, a longtime disabilities advocate, cited the case of one 11-year-old whose parents cannot provide the full range of needed treatments without a waiver.

"He's going to miss out on some pretty valuable services that would really make a difference for him,'' said McDaniel, executive director of the West Virginia Statewide Independent Living Council. "People are pretty frustrated.''

The Legislature had sought to mandate "any funds necessary'' in the new budget to comply with the order. Manchin vetoed that language last week, finding that it did not specify an amount or "provide guidance'' for honoring the ruling.

"It's in violation of the court order, in our opinion, for the governor to line-item veto that effort,'' Pomponio said.

A line-item veto by Gov. Joe Manchin is landing the state back in court over its handling of West Virginians who seek to remain at home as they receive care for disabilities.

A federal judge ruled in 2000 that eligible residents should not wait more than 90 days for waivers allowing in-home treatment through Medicaid.

While administration officials say they're prepared to commit $5 million to satisfy that court order, the nonprofit legal aid group that won it after a 1999 lawsuit petitioned Wednesday for its enforcement.

"We have a duty to our class members, ongoing, to see to it that the order is complied with,'' said lawyer Bren Pomponio of Mountain State Justice. "We had to put something together to have this enforced through the federal court because they weren't able to do it on their own.''

The waivers aim to benefit people with developmental disabilities by keeping them at home or in their communities instead of institutions. More than 370 people were on the waiting list as of last month, Pomponio said, nearly three-fourths of them for more than 90 days.

Those waiting include children with such conditions as autism. Ann McDaniel, a longtime disabilities advocate, cited the case of one 11-year-old whose parents cannot provide the full range of needed treatments without a waiver.

"He's going to miss out on some pretty valuable services that would really make a difference for him,'' said McDaniel, executive director of the West Virginia Statewide Independent Living Council. "People are pretty frustrated.''

The Legislature had sought to mandate "any funds necessary'' in the new budget to comply with the order. Manchin vetoed that language last week, finding that it did not specify an amount or "provide guidance'' for honoring the ruling.

"It's in violation of the court order, in our opinion, for the governor to line-item veto that effort,'' Pomponio said.

But Manchin's Friday veto message also said his Department of Health and Human Resources "is already taking adequate steps'' to heed the order.

DHHR plans to request about 350 more waiver slots, adding about $5 million in state funds to the program, spokesman John Law said.

The Cabinet office oversees the waivers as part of the state's Medicaid insurance program for poor and disabled West Virginians. Its federal counterpart, meanwhile, sets the guidelines under which the waiver and other components of the program are eligible for matching federal dollars that provide about 75 percent of its funding.

"We are working with the Centers for Medicare and Medicaid Services to eliminate the current waiting list,'' Law said.

But Law also noted that the waiver list grows by about 31 eligible residents each month. Law said DHHR will begin to offer quarterly updates to lawmakers during their monthly interim meetings.

"This will allow us to keep the Legislature informed if additional funds are needed for those individuals coming on to the waiver,'' Law said.

The waiver waiting list has been a recurring sore point between DHHR officials and some lawmakers. The waiver eligibility requirements, meanwhile, are the subject of a separate lawsuit filed by Mountain State Justice that is pending in Kanawha Circuit Court.

Lawmakers and DHHR also sparred previously over a similar in-home care waiver for elderly West Virginians. A public outcry - and a lawsuit - helped reverse a move to downsize the program in 2006.

Led by Medicaid, health care-related costs are a chief factor behind the annual increases in state spending.