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Washington Olmstead and Olmstead Related Cases, 2009

May 2009

The Center for PAS has tracked 8 Olmstead related case(s) in Washington.

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.

Bosteder v. Soliz

Date filed: n/a

Case status: Closed (Feb 1994)

Primary Target group: Mental Illness

Case Type (Olmstead e or Related f): Related

Reference (on the Olmstead & Olmstead-related Lawsuits table) : WA117

Case Summary & Links to Further Detailsiii:

Summary Case found that the exclusion of people with mental disabilities from eligibility for Medicaid personal care services violates the ADA20.

Allen et al. v. WA State Hospital

Date filed: 1999

Case status: Closed (Dec 1999)

Primary Target group: MR/DDa & mental illness

Case Type (Olmstead e or Related f): Olmstead

Reference (on the Olmstead & Olmstead-related Lawsuits table) : WA22

Case Summary & Links to Further Detailsiii:

Summary Class action regarding patients in a state psychiatric hospital who have been denied opportunities for discharge.
Progress Court order requires a new system of services for people with mental illness &/or DD & plan to discharge residents to most integrated settings appropriate.

The Arc of WA State et al v. Braddock

Date filed: Nov. 1999

Case status: Open

Primary Target group: MR/DDa

Case Type (Olmstead e or Related f): Olmstead

Reference (on the Olmstead & Olmstead-related Lawsuits table) : WA33 23

Case Summary & Links to Further Detailsiii:

Summary Case regarding waitlists & lack of access to additional services for Medicaid recipients.
Progress Ongoing

Townsend v. Quasim*

Date filed: 2000

Case status: Closed (Jan 2004)

Primary Target group: Physical disability5

Case Type (Olmstead e or Related f): Olmstead

Reference (on the Olmstead & Olmstead-related Lawsuits table) : WA42 3 23

Case Summary & Links to Further Detailsiii:

Summary Class action challenges change in eligibility limits for a HCBS waiver. Medically needy people (who have higher incomes) became ineligible to participate but eligible for nursing facilities.
Progress Settlement. The state secured reinstatement of medically needy to a HCBS waiver. The new waiver was implemented in June 2004 with limits to services to no more than 200 individuals.

Rust v. WA State Hospital

Date filed: 2000

Case status: Closed (2001)

Primary Target group: Mental Illness

Case Type (Olmstead e or Related f): Olmstead

Reference (on the Olmstead & Olmstead-related Lawsuits table) : WA52

Case Summary & Links to Further Detailsiii:

Summary Class action regarding the treatment & conditions of care for patients receiving forensic services in a state hospital.
Progress Court ordered state to ensure patients receive improved treatment & in the most integrated setting appropriate

Boyle v. Braddock

Date filed: Dec. 2001

Case status: Open

Primary Target group: HCBSc

Case Type (Olmstead e or Related f): Related

Reference (on the Olmstead & Olmstead-related Lawsuits table) : WA63

Case Summary & Links to Further Detailsiii:

Summary Case about failure to provide or make full range of services available on HCBS waiver.
Progress Ongoing.

Marr et al v. Eastern State Hospital et al

Date filed: Dec 2001

Case status: Closed (Nov 2002)

Primary Target group: Mental illness, MR/DDa

Case Type (Olmstead e or Related f): Related

Reference (on the Olmstead & Olmstead-related Lawsuits table) : WA72

Case Summary & Links to Further Detailsiii:

Summary Class action challenging inadequate services in state hospital & lack of community support for residents.
Progress Settlement. Provides for quality assurance in hospital, improved discharge process, identification of class members who have mental health needs in the community.

Pfaff v Washington

Date filed: May 2007

Case status: Closed

Primary Target group: HCBSc

Case Type (Olmstead e or Related f): Related

Reference (on the Olmstead & Olmstead-related Lawsuits table) : WA8

Case Summary & Links to Further Detailsiii:

Summary A consolidation of three cases alleging that the WA Shared Living Rule (which paid PAS providers living with the recipients 15% less than those who did not live with the recipients) was unconstitutional.
Progress Court found that there was violation but case was dismissed as the state rescinded the Share Living Rule during court proceedings.

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