This case involves a reduction in community-based nursing services that places claimant at risk of institutionalization in violation of Olmstead v. L.C., 527 U.S. 581 (1999) and the integration mandates of the Americans with Disabilities Act ("ADA"), 42 U.S.C. § 12131, et seq., and Section 504 of the Rehabilitation Act of 1973 ("Section 504"), 29 U.S.C. § 794, et seq.:

1. Whether a state agency is entitled to deference of its fact opinion of medical necessity in a Fed. R. Civ. P. 56 de novo review?

2. Whether animus or a state policy are required to prove discrimination under the "integration mandate"?

Whether a state agency is entitled to deference of its fact opinion of medical necessity in a Fed. R. Civ. P. 56 de novo review?