You need Javascript enabled for this to workKentucky Olmstead Cases, 2009
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Kentucky Olmstead and Olmstead Related Cases, 2009

May 2009

The Center for PAS has tracked 4 Olmstead related case(s) in Kentucky.

This information is extracted from the "Olmstead and Olmstead-Related Lawsuits" table in the "Introduction to Olmstead Lawsuits and Olmstead Plans" report published on the center for PAS website.

Doe v. KY Cabinet for Human Services

Date filed: 19827

Case status: Closed (Jun 19937)

Primary Target group: MR/DDa

Case Type (Olmstead e or Related f): Related

Reference (on the Olmstead & Olmstead-related Lawsuits table) : KY13

Case Summary & Links to Further Detailsiii:

Summary Class action alleged the state did not properly administer PASRR for people with MR/DD in nursing facilities. Under PASRR states must take steps to provide specialized services for these people &/or arrange for community placement if appropriate.
Progress Settlement

Jeremy & Darvin, J et al v. Morse et al.

Date filed: May. 1996

Case status: Closed

Primary Target group: Children

Case Type (Olmstead e or Related f): Related

Reference (on the Olmstead & Olmstead-related Lawsuits table) : KY22

Case Summary & Links to Further Detailsiii:

Summary Class action alleging the state was not providing information or services to children under 21 as required under the Medicaid EPDST program.
Progress Settlement. Provides that service provision to be based on medical need, not cost.

Michelle P et al v. Morgan et al

Date filed: Feb. 2002

Case status: Closed (2006)

Primary Target group: MR/DDa

Case Type (Olmstead e or Related f): Related

Reference (on the Olmstead & Olmstead-related Lawsuits table) : KY32 3 23

Case Summary & Links to Further Detailsiii:

Summary Class action regarding a long waiting list for Medicaid services despite increases in state funding. Class is "all present & future Kentuckians with MR &/or related conditions who live with caretakers who are eligible for, & have requested but are not receiving medical assistance, community residential &/or support services."
Progress Settlement. Provides for the addition of $45 million in state funds during the 2006-08 biennium to expand community services with funding to increase through 2010. Total funding would increase from $303 million in 2006 to $485 million in 2010.

Kerr et al v. Holsinger et al

Date filed: Oct. 2003

Case status: Closed (Aug 2004)

Primary Target group: HCBSc

Case Type (Olmstead e or Related f): Related

Reference (on the Olmstead & Olmstead-related Lawsuits table) : KY42 3 23

Case Summary & Links to Further Detailsiii:

Summary Class action (seniors & people with disabilities) who lost eligibility for services after the state narrowed long-term care eligibility by raising the threshold of functional impairment to qualify for support.
Progress Settlement. Provides that the state revise eligibility regulations for nursing facility and waiver services and requires the state to re-evaluate applicants who were denied services under the previous rules.

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