Logo for Center for Personal Assistance Services New Browser Window, University of California, San Francisco  
Jump over main navigation bar to the sub navigation barHome (press control H in some browsers)Current directory is Need for PAS (press control N in some browsers)Home and Community PAS (press control C in some browsers)Workers and Caregivers (press control W in some browsers)Economics and Workplace PAS (press control E in some browsers)PAS Users (press control U in some browsers) 
Jump over the sub navigation bar to the main body content

Table of Contents

1. Introduction.

2. Table 1 - Olmstead Plans.

3. Table 2 - Olmstead Lawsuits.

5. References.

6. Download PDF of report.

7. Download PDF of Plan table.

8. Download PDF of Case table.

9. Find Olmstead Information for a Specific State.

Jump over the main body content to the main navigation bar 		 

Printer-friendly page

Olmstead Information > Olmstead Related Case References

Olmstead Related Case References and Notes

August 2009

The main source of information for each case is indicated by the code for the state (for example PA33). Where information for this case has been supplemented by data from another source, the source is referenced specifically in the column.



1 The Southern Poverty Law Center website, accessed January 2004. (http://www.splcenter.org/legal/docket/files.jsp?cdrID=42&sortID=0)

2 Priaulx Elizabeth (2004 Update) Docket of cases related to access to community based services for people with disabilities, National Association of Protection and Advocacy Services, Washington DC.

3 Smith Gary A. (December 2004) Status report: litigation concerning home and community services for people with disabilities. Human Services Research Institute, Oregon. This is a periodic report tracking lawsuits that is updated every 6-8 weeks.

4 National Health Law Project Court Watch website http://www.healthlaw.org/library/folder.71945-Court_Watch accessed January 2005.

5 Rosenbaum, Sara; Burke, Taylor; and Teitelbaum, Joel (2002) The Americans with Disabilities Act and Community integration: an update on “fundamental alteration’ litigation, Center for Health Care Strategies, Inc. Washington, DC.

6 Rosenbaum, Sara; Stewart, Alexandra; and Teitelbaum, Joel (2002) Defining "reasonable pace" in the Post-Olmstead environment, Center for Health Care Strategies, Inc. Washington, DC.

7 Information provided on the web-page listed in ‘further details’.

8 Rosenbaum, S, (Oct 2001) Olmstead v. L.C. Federal Implementation Guidelines and analysis of recent cases regarding Medicaid coverage of long-term care services for persons with disabilities A Behavioral Health Issue Brief Series Issue Brief #17, Center for Health Services Research and Policy, George Washington University. Washington DC.

9 Desonia, R (March 2003) Is community Care a Civil Right? The unfolding saga of the Olmstead decision. National Health Policy Forum background paper, The George Washington University, Washington DC.

10 Petrila, J (April 1999) The Americans with Disabilities Act and community-based Treatment law in Psychiatric Services, vol. 50, no.4, pp.473-480

11 Gran, J (Public Interest Law Center of Philadelphia, August 2003) Olmstead: reclaiming institutionalized lives for the National Council on Disability, Washington DC.

12 Fox-Grage, W Folkemer, D & Lewis, J (Feb 2003) The States’ response to the Olmstead decision: how are states complying? Forum for Health Policy Leadership, National Conference of State Legislatures.

13 Rosenbaum, S, Teitelbaum, J, Mauery, DR & Stewart, A (Feb 2003) Reasonable Modification or fundamental alteration? Recent developments in ADA Case law and implications for behavioral health policy A Behavioral Health Issue Brief Series Issue Brief #21, Center for Health Services Research and Policy, George Washington University. Washington DC.

14 Batavia, A (2001) A Right to Personal Assistance Services: ‘most integrated setting appropriate’ requirements and the Independent Living Model of long-term care in American Journal of Law and Medicine, Boston University School of Law, vol. 27, no.1, 17-43

15 HCFA (now CMS), September 4, 1998: ‘Dear State Medicaid Director’ letter. Available at: http://www.cms.hhs.gov/smdl/downloads/SMD090498.pdf

16 These are all cases involving EPDST. Further information on these cases and other cases involving EPDST (but not directly related to disability issues) are described in Perkins, Jane (February 2004) Fact Sheet - Medicaid Early and Periodic Screening, Diagnosis and Treatment: Recent Case Developments. National Health Law Program, North Carolina. Available at: http://www.healthlaw.org/search.cfm?fa=download&resourceID=61788&print

17 Burnim, I & Schlosberg, C (undated) extracts from ‘Managed Behavioral Health Care: Resources for Legal Advocates’, Bazelon Center for Mental Health Law, Washington DC. Extracts available at: http://www.bazelon.org/issues/managedcare/moreresources/legal.htm. Full report available from: Bazelon Center Publications Desk ($5).

18 Information received through personal communication with Florida-based attorney, 17 May 2004.

19 Rosenbaum, Sara; Teitelbaum, Joel & Stewart, Alexandra (2002) Working Paper: The Americans with Disabilities Act and Community integration: Understanding the concept of “fundamental alteration, Center for Health Care Strategies, Inc. Washington, DC.

20 See also LaCheen, Cary (2001) Using Title II of the Americans with Disabilities Act on Behalf of Clients in TANF Programs. Georgetown Journal of Poverty Law and Policy, Vol. VIII, No. 1 (Winter 2001). Chapter 7. .Available at: http://www.nclej.org/contents/ada_manual/contents.htm

21 Coehn, Sarah (2001) Being “Reasonable” Defining and implementing a right to community-based care for older adults with mental disabilities under the Americans with Disabilities Act. International Jouranl of Law and Psychaitry 24(2001) 233-252

22 LexisNexis Academic

23 Smith, Gary A. (May 2006) Status report: litigation concerning home and community services for people with disabilities. Human Services Research Institute, Oregon. This is a periodic report tracking lawsuits that is updated every 6-8 weeks.

24 Perkins, Jane. (March 2005). EPSDT Q&A: The Pediatric Specialty Care EPSDT case. National Health Law Program, http://www.healthlaw.org/library/attachment.62307

25 Arkansas Disability Rights Center Law School, Update on Porter v. Knickrehm, http://www.arkdisabilityrights.org/law/alerts.html

26 Arizona Center for Disability Law, Ball v. Biedess, http://www.acdl.com/ball.html

27 Protection and Advocacy Inc. (now known as Disability Rights California), Director of Litigation’s Report on PAI’s Current Advocacy: Cases and Projects, Winter 2005. For most current reports: http://www.disabilityrightsca.org/advocacy/litigation.htm

28 Kasprak, John. OLR Research Report, January 28, 2000, http://www.cga.ct.gov/2000/rpt/olr/htm/2000-r-0103.htm

29 Hawaii Disability Rights Center. HDRC and the State of Hawaii Reach a Settlement Agreement on the HDRC v. State of Hawai‘i (Civil No. 03-00524) Lawsuit. October 20, 2005, http://www.hawaiidisabilityrights.org/General_NewsDetail.aspx?nid=1027

30 Equip for Equality (online newsletter). Federal Appeals Court Issues Positive Olmstead Decision. Fall 2004, http://www.equipforequality.org/news/equalizer/fall2004/06legalhighlights.php

31 Equip for Equality (press release). Federal Judge Gives Green Light to Class Action Seeking Community Services for People with Developmental Disabilities in Illinois. March 13, 2006, http://www.equipforequality.org/news/pressreleases/ligasmaramfiles.php

32 New Jersey Protection and Advocacy, Inc., (now known as Disability Rights New Jersey) http://www.drnj.org/

33 Buckley, P.J. Virginia Office for Protection and Advocacy Spring 2005 newsletter, VOPA Achieves Settlement with Assisted Living Facility, http://www.vopa.state.va.us/Publications/Newsletters/Spring%2005%20Newsletter.pdf

34 State of Wyoming, Office of the Attorney General (press release), April 12, 2005, Protection & Advocacy Claims Dismissed, http://attorneygeneral.state.wy.us/PA041205.pdf

35 Equip for Equality (press release). Federal Court Advances Challenge to Illinois Policy Warehousing Residents with Mental Illnesses. Nov 20, 2006, http://www.equipforequality.org/news/pressreleases/november_20_2006federal_court.php

36 Office of Protection and Advocacy for Persons with Disabilities (press release). Lawsuit Challenges Unwarranted Confinement of People with Mental Illnesses in Connecticut Nursing Homes. Feb 6, 2006, http://www.ct.gov/opapd/cwp/view.asp?a=11&Q=309782&opapdPNavCtr=|42144|#42149

37 Protection & Advocacy, Inc. (press release). Laguna Honda Residents Sue San Francisco for Discrimination. Oct 13, 2006, http://www.disabilityrightsca.org/advocacy/LHH/RevisedFinalPR.pdf

37 Bazelon Center for Mental Health Law. (press release). Court Orders Community Mental Health Services for Thousands of California Foster Children. Mar 15, 2006, http://www.bazelon.org/newsroom/2006/3-15-06-KatieAPI.html

38 Jennifer Mathis, Deputy Legal Director, Bazelon Center for Mental Health Law. (February 6, 2007).E-mail communication.

Notes

* Indicates that the case is important in the development of the law that the case invoked. The type of case can be either:
  • Olmstead. A Olmstead-type complaint regarding community integration. These are cases which are:
    1. started, decided or closed after the Olmstead decision in 1999; and
    2. primarily about community placement of institutionalized people and/or people at risk of institutionalization.
    The cases are likely to cite the Olmstead decision and/or the Americans with Disabilities Act or

  • Related. The case involves issues related to Olmstead but either
    1. does not satisfy the criteria of an Olmstead case or
    2. there is insufficient data or not enough specific data in the sources to classify the case.
    Complaints in this category are likely to be about Medicaid policy or programs and cite a violation of Medicaid law as the primary complaint. Examples could be limits on Medicaid HCBS (such as complaints regarding state budgets for services) and access to home and community-based services (such as complaints about waiting lists for waiver slots).

i The official legal citation for each lawsuit is available in the original source document (indicated in the ‘state’ column) and for some lawsuits, from the websites suggested in the ‘Further Details’ section.

iiOlmstead plans are those which have been included in the NCSL report12 as being Olmstead plans, and commonly specifically mention that (at least) part of their aim is to address the issues raised by the Supreme Court decision in Olmstead v. LC & EW. Plans.

iiiIn the 'Further information' column:

  • 'Plan' indicates the link is to the first edition of the plan (PDF version),
  • 'Update' indicates the link leads to a plan update or progress report on the plan or other Olmstead-related activities (PDF version),
  • 'Draft Plan' indicates that the link is to the draft state plan (PDF version),
  • 'State Olmstead website' indicates a state website describing Olmstead activities with a direct link to the plan and other resources (if available).
  • 'Progress' indicates any reported information about state activity in states where there is no plan or website.

n/a denotes where information is not available from the sources used.




a MR/DD. Mental retardation or developmental disabilities (including plaintiffs who have been described only as ‘disabled’ in the source text).

b TBI/SCI. Traumatic brain injury or spinal cord injury (also individuals with neurological disability or acquired brain disorder).

c HCBS. Home and Community-Based Services. The people affected in these cases are eligible for home and community-based waiver program services in the state. This may include people of different ages and with different or multiple disabilities.

d HIV/other. The people affected in this case were either people with HIV/AIDS or people with other physical conditions such as a substance use problem. Further details are given in the case summary.

e Olmstead A Olmstead-type complaint regarding community integration. These are cases which are: (1) started, decided or closed after the Olmstead decision in 1999; and (2) primarily about community placement of institutionalized people and/or people at risk of institutionalization. The cases are likely to cite the Olmstead decision and/or the Americans with Disabilities Act.

f Related. The case involves issues related to Olmstead but either (1) does not satisfy the criteria of an Olmstead case or (2) there is insufficient data or not enough specific data in the sources to classify the case. Complaints in this category are likely to be about Medicaid policy or programs and cite a violation of Medicaid law as the primary complaint. Examples could be limits on Medicaid HCBS (such as complaints regarding state budgets for services) and access to home and community-based services (such as complaints about waiting lists for waiver slots).

g PASRR refers to the pre-admission screening and resident review provision of the Nursing Home Reform Act

Acronyms

ADA The Americans with Disabilities Act
CMS Center for Medicare and Medicaid Services
EPSDT Medicaid Early and Periodic Screening, Diagnostic and Treatment program. This requires all states to cover all necessary care for children, regardless of whether the benefit is covered in the state plan for adults. (Rosenbaum, 2002, p.2)
HCBS Home and Community-Based Services.
HCFA Healthcare Financing Administration
HIV/other People with HIV/AIDS or people with other physical conditions such as a substance use problem.
MR/DD Mental retardation or developmental disabilities
PAS Personal Assistance Services
PASRR Pre-admission screening and resident review provision of the Nursing Home Reform Act
P&A Protection and Advocacy Agency
TBI/SCI Traumatic brain injury or spinal cord injury (also individuals with neurological disability or acquired brain disorder).




Home and Community Based Services: Olmstead and Olmstead-related Lawsuits.
Terence Ng, Alice Wong & Charlene Harrington
USCF National Center for Personal Assistance Services.

August 2009