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State Information > Kentucky Olmstead Decision Information> Kentucky Olmstead and Olmstead Related Cases

Kentucky Olmstead and Olmstead Related Cases map of Kentucky

As of January 2005

The Center for PAS has tracked 4 Olmstead related cases 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. Kentucky Cabinet for Human Services

Date filed: 19827
Case status: Closed (Jun 19937)
Primary Target group:
Case Type (Olmstead e or Related f): Related
Reference (on the Olmstead & Olmstead-related Lawsuits table) : KY13
Case Summary & Links to Further Details iii:
Summary Class action alleged the state did not properly administer the Medicaid Pre-Admission Screening & Resident Review (PASRR) for people with MR/DDa in nursing facilities. Under PASRR states must take steps to provide specialized services for these individuals &/or arrange community placement if appropriate. Progress Settlement. Further details [http://supct.law.cornell.edu/supct/html/92-351.ZS.html]

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

Date filed: May. 1996
Case status: Closed
Primary Target group:
Case Type (Olmstead e or Related f): Related
Reference (on the Olmstead & Olmstead-related Lawsuits table) : KY22
Case Summary & Links to Further Details iii:
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 (requires service provision to be based on medical need, not cost).

Michelle P et al v. Morgan et al

Date filed: Feb. 2002
Case status: Open
Primary Target group:
Case Type (Olmstead e or Related f): Related
Reference (on the Olmstead & Olmstead-related Lawsuits table) : KY33
Case Summary & Links to Further Details iii:
Summary Class action about a long waiting list for Medicaid sevices despite increases in state funding. Class is "all present and future Kentuckians with MR and/or related conditions who live with caretakers who are eligible for, and have requested but are not receiving medical assistance, community residential and/or support services." Progress Trial scheduled. Further details [http://www.kypa.net/comm_svcs/waitinglist.html]

Kerr et al v. Holsinger et al (formerly Kerr et al v. Morgan et al)

Date filed: Oct. 2003
Case status: Closed (Aug 2004)
Primary Target group:
Case Type (Olmstead e or Related f): Related
Reference (on the Olmstead & Olmstead-related Lawsuits table) : KY43
Case Summary & Links to Further Details iii:
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.

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