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Table of Contents1. Introduction. 3. Table 2 - Olmstead Lawsuits. 5. References. 7. Download PDF of Plan table. |
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Texas Olmstead and Olmstead Related Cases, 2009May 2009The Center for PAS has tracked 6 Olmstead related case(s) in Texas. 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. Frew et al v. Hawkins et alDate filed: 1993 Case status: Closed (Feb 20047) Primary Target group: Children Case Type (Olmstead e or Related f): Related Reference (on the Olmstead & Olmstead-related Lawsuits table) : TX13 16 Case Summary & Links to Further Detailsiii: Summary Case alleging the state was not meeting obligations to furnish EPSDT services to children. Doe & Doe v. HallDate filed: 1998 Case status: Closed (1999) Primary Target group: Mental Illness Case Type (Olmstead e or Related f): Related Reference (on the Olmstead & Olmstead-related Lawsuits table) : TX22 Case Summary & Links to Further Detailsiii: Summary Case alleging the lack of minimally adequate crisis intervention services had lead to the state incarcerating individuals while they await transportation to mental health services. Charles M v. HaleDate filed: 1998 Case status: Closed Primary Target group: HCBSc Case Type (Olmstead e or Related f): Related Reference (on the Olmstead & Olmstead-related Lawsuits table) : TX32 Case Summary & Links to Further Detailsiii: Summary Case challenges state policy of denying Medicaid community services to anyone whose needs exceed 95% cost of nursing home care, rather than providing 95% of services. Alberto N et al v. Don A. GilbertDate filed: 1999 Case status: Closed (2002) Primary Target group: HCBSc Case Type (Olmstead e or Related f): Related Reference (on the Olmstead & Olmstead-related Lawsuits table) : TX42 Case Summary & Links to Further Detailsiii: Summary Case alleged state Medicaid denies children medically necessary EPDST services & puts them at risk of institutionalization. Private Providers Association of TX v. TX Health & Human Services Commission et alDate filed: Jan. 2002 Case status: Open Primary Target group: MR/DDa Case Type (Olmstead e or Related f): Related Reference (on the Olmstead & Olmstead-related Lawsuits table) : TX53 Case Summary & Links to Further Detailsiii: Summary Class action brought by service providers when the state failed to change its ICF/MR & HCBS waiver payment system so that it could periodically update (rebase) payments to account for changes in cost. Payments were adversely affected & non-state payments were different to state operated services' payments. McCarthy et al v. Hawkins et alDate filed: Sep. 2002 Case status: Open Primary Target group: MR/DDa Case Type (Olmstead e or Related f): Olmstead Reference (on the Olmstead & Olmstead-related Lawsuits table) : TX62 3 23 Case Summary & Links to Further Detailsiii: Summary Class action (brought by Arc of TX & 11 individuals living with their families or in ICF/MRs) asking for expansion of HCBS waiver.
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