SEATTLE — Justices on the Washington Supreme Court are considering whether the state should have to pay a $100 million verdict awarded to some 22,000 home care workers who were shortchanged by a rule that was in effect from 2003 to 2007.
Under the Department of Social and Health Services rule, workers who cared for low-income, severely disabled people automatically had their pay reduced by 15 percent if they lived with the person they cared for. The department reasoned that if the caregivers lived at the home, then some amount of the work the caregivers performed — cooking, for example — would benefit the caregiver, who shouldn't be paid for it.
The state Supreme Court struck down the policy in 2007, saying it was inconsistent with federal Medicaid rules. The workers sued to get the money they said they were owed, and the recipients of the care sued as well. After tortuous litigation that included a detour into federal court, the recipients were not awarded any money, but a Thurston County Superior Court jury sided with the workers in 2011 and awarded $57 million.
A judge tacked on interest, bringing the total award to more than $100 million. The state appealed, and the justices heard arguments Tuesday.
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