Date filed: n/aii Case status: Closed (Sep 1994) Primary Target group: Case Type (Olmstead
e or Related
f): Related Reference (on the Olmstead & Olmstead-related Lawsuits table) : PA119 Case Summary & Links to Further Details
iii: Summary Case regarding whether beneficiaries of a state attendant care program must be mentally alert. One plaintiff has TBIb, the other has multiple sclerosis &mental; illness. Both were denied access to the program as they cannot hire & supervise attendants or manage legal/financial affairs. Progress Appeal Court found their inclusion would be a fundamental alteration of the program & “it is a case where an additional handicap…renders participation in the program ineffectual”. Further details [http://www.cms.hhs.gov/states/letters/smd72998.asp] [http://caselaw.lp.findlaw.com/cgi-bin/getcase.pl?court=3rd&navby;=case&no;=940839P]
Nelson v. Snider
Date filed: n/aii Case status: Closed (1994) Primary Target group: Case Type (Olmstead
e or Related
f): Related Reference (on the Olmstead & Olmstead-related Lawsuits table) : PA211 Case Summary & Links to Further Details
iii: Summary This successful case is celebrated (along with Richard C. v. Houstoun, PA9) as a key influence in the development of deinstitutionalization efforts in Pennsylvania.11
Date filed: n/aii Case status: Closed (Feb 19957) Primary Target group: Case Type (Olmstead
e or Related
f): Related Reference (on the Olmstead & Olmstead-related Lawsuits table) : PA33 Case Summary & Links to Further Details
iii: Summary The plaintiff was confined to a nursing facility even though it was determined that she could live in the community with PAS support5,10. Progress Appeal Court ruled the state's failure to provide services in the most integrated setting appropriate violated the ADA & the provision of waiver services would not fundamentally alter the nature of the program. Further details [http://www.ahcuah.com/lawsuit/federal/didario]
Greist v. Norristown State Hospital
Date filed: n/aii Case status: Closed (1997) Primary Target group: Case Type (Olmstead
e or Related
f): Related Reference (on the Olmstead & Olmstead-related Lawsuits table) : PA413 Case Summary & Links to Further Details
iii: Summary Case regarding individual found not guilty of murder by reason of insanity & committed to state hospital who then sued the hospital for not treating his dyslexia in a more integrated setting. Progress Court ruled the plaintiff did not meet the ADA definition of a 'qualified person' since he had been assessed as dangerous & to treat him in the community would be a fundamental alteration of the state program as dyslexia was not treated in outpatient settings.
Date filed: n/aii Case status: Closed (199710) Primary Target group: Case Type (Olmstead
e or Related
f): Related Reference (on the Olmstead & Olmstead-related Lawsuits table) : PA53 Case Summary & Links to Further Details
iii: Summary In this class action, the court ruled favorably for patients in a state psychiatric hospital who had a dual diagnosis & were seeking treatment in the community.10
Kathleen S v. Dept of Public Welfare
Date filed: 199810 Case status: Closed (1999) Primary Target group: Case Type (Olmstead
e or Related
f): Related Reference (on the Olmstead & Olmstead-related Lawsuits table) : PA62 Case Summary & Links to Further Details
iii: Summary Case regarding people living in the state hospital despite being assessed as eligible for community placement. Progress Complaint upheld. Court rejected the defense (before Olmstead) that it would be a fundamental alteration & found the state had failed to provide community services.5 The court reaffirmed its decision post-Olmstead.
Elizabeth M et al v. Houston
Date filed: 1999 Case status: n/aii Primary Target group: Case Type (Olmstead
e or Related
f): n/aii Reference (on the Olmstead & Olmstead-related Lawsuits table) : PA73 Case Summary & Links to Further Details
iii: Summary Class action regarding waitlists (filed by the Disability Law Center).
Gross v. Houston
Date filed: 1999 Case status: Closed Primary Target group: Case Type (Olmstead
e or Related
f): n/aii Reference (on the Olmstead & Olmstead-related Lawsuits table) : PA83 Case Summary & Links to Further Details
iii: Summary Case regarding waitlists (filed by the Disability Law Center). Progress Lawsuit withdrawn after the Governor announced a plan to reduce the waiting list.
Richard C. v. Houstoun
Date filed: 1999 Case status: Closed (Jul 2000) Primary Target group: Case Type (Olmstead
e or Related
f): Olmstead Reference (on the Olmstead & Olmstead-related Lawsuits table) : PA92 Case Summary & Links to Further Details
iii: Summary A group of families of people with developmental disabilities brought this case to try and stop their relatives from being moved out of a facility that was to be closed (the individuals were unable to consent to this themselves). Progress Appeal Court upheld the ruling that the Olmstead decision did not mean that efforts to place people in more integrated settings can be a form of discrimination.
Pennsylvania Protection & Advocacy v. Dept of Public Welfare et al
Date filed: Sep. 2000 Case status: Open Primary Target group: Case Type (Olmstead
e or Related
f): Olmstead Reference (on the Olmstead & Olmstead-related Lawsuits table) : PA103 Case Summary & Links to Further Details
iii: Summary Case regarding residents of a state nursing facility for seniors. Progress Appeal court holding pending the outcome of Frederick L appeal (PA12). The court held that it would be fundamental alteration to require the plaintiffs to be moved into the community & also provide services for others. The Court interpreted that Olmstead meant it should confine itself to examining the 'mental health' budget although it did recognize that many of the plaintiffs could be served in the community.
Delong et al vs. Houston
Date filed: Oct. 20005 Case status: Closed (Oct 20025) Primary Target group: Case Type (Olmstead
e or Related
f): Related Reference (on the Olmstead & Olmstead-related Lawsuits table) : PA113 Case Summary & Links to Further Details
iii: Summary Class action about a limit on the number of individuals served through the Person/Family-directed Supports waiver. Progress Settlement. The state will request funding to serve the number of individuals authorized in the waiver program. The Court is developing a tool for measuring reasonable promptness.
Frederick L et al v. Dept of Public Welfare et al. *
Date filed: 20012 Case status: Open Primary Target group: Case Type (Olmstead
e or Related
f): Olmstead Reference (on the Olmstead & Olmstead-related Lawsuits table) : PA123 Case Summary & Links to Further Details
iii: Summary Class action regarding plaintiffs who are institutionalized in state Hospital despite recommendation for community placement. Progress Court ruled (drawing on Williams v. Wasserman, MD) that an acceleration of community placement would increase expenditure, may reduce services to others & therefore would be a fundamental alteration. Appeal Court referred to the Olmstead decision & remanded case back to District Court as the state needed to demonstrate it has an effectively working plan to establish a fundamental alteration defense. Further details [http://www.centerforpublicrep.org/page/94546]
Network for Quality MR Services in Pennsylvania v. Dept of Public Welfare
Date filed: Mar. 2002 Case status: Closed (Jul 2003) Primary Target group: Case Type (Olmstead
e or Related
f): Related Reference (on the Olmstead & Olmstead-related Lawsuits table) : PA133 Case Summary & Links to Further Details
iii: Summary Case brought (under state law & state constitution) by a coalition of agencies providing services to individuals in ICF/MR &/or the HCBSc waiver program for people with MR/DDa, which asks the court to order direct care staff costs to be reimbursed & updated. Progress Case dismissed. (Court found the plaintiffs had not exhausted administrative options under state law).
Date filed: May. 2002 Case status: Closed (May 2004) Primary Target group: Case Type (Olmstead
e or Related
f): Related Reference (on the Olmstead & Olmstead-related Lawsuits table) : PA143 Case Summary & Links to Further Details
iii: Summary Plaintiffs are waitlisted for ICF/MR services & filed this (non-class action) case in response to a proposed reduction of the funds committed for reducing the community services wait list. Progress The court ruled that plaintiffs have no enforceable individual rights to services & the reasonable promptness requirement only applies to groups, not individuals. Following appeal, this decision was reversed.
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