Date filed: 1993 Case status: Closed (Feb 20047) Primary Target group: Case Type (Olmstead
e or Related
f): Related Reference (on the Olmstead & Olmstead-related Lawsuits table) : TX13,16 Case Summary & Links to Further Details
iii: Summary Case alleging the state was not meeting obligations to furnish EPDST services to children. State entered into a voluntary consent decree (1996) but in 1998 plaintiffs returned to court arguing the state was not adhering to the decree. Progress Supreme Court ruled the consent decree must be enforced. Further details [http://www.nsclc.org/news/04/feb/sctexasmedicaid_frew.htm]
Doe & Doe v. Hall
Date filed: 1998 Case status: Closed (1999) Primary Target group: Case Type (Olmstead
e or Related
f): Related Reference (on the Olmstead & Olmstead-related Lawsuits table) : TX22 Case Summary & Links to Further Details
iii: 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. Progress Complaint upheld.
Charles M. v. Hale
Date filed: 1998 Case status: Closed Primary Target group: Case Type (Olmstead
e or Related
f): Related Reference (on the Olmstead & Olmstead-related Lawsuits table) : TX32 Case Summary & Links to Further Details
iii: 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. Progress Settlement (waiver obtained).
Alberto N et al. v. Don A. Gilbert
Date filed: 1999 Case status: Closed (2002) Primary Target group: Case Type (Olmstead
e or Related
f): Related Reference (on the Olmstead & Olmstead-related Lawsuits table) : TX42 Case Summary & Links to Further Details
iii: Summary Case alleged state Medicaid denies children medically necessary EPDST services & puts them at risk of institutionalization. Progress Settlement (state to change policices, provide EPDST services & infromation).
Private Providers Association of Texas v. Texas Health & Human Services Commission et al
Date filed: Jan. 2002 Case status: Open Primary Target group: Case Type (Olmstead
e or Related
f): Related Reference (on the Olmstead & Olmstead-related Lawsuits table) : TX53 Case Summary & Links to Further Details
iii: Summary Class action brought (by providers of services in County Court) when the state failed to change its ICF/MR and HCBSc waiver payment determination system so that it could periodically update (rebase) its payments to take into account changes in the cost of furnishing services. Payments were adversely affected & non-state payments were different to state operated services' payments.
McCarthy et al v. Hawkins et al
Date filed: Sep. 2002 Case status: Open Primary Target group: Case Type (Olmstead
e or Related
f): Olmstead Reference (on the Olmstead & Olmstead-related Lawsuits table) : TX63 Case Summary & Links to Further Details
iii: Summary Class action (brought by Arc of Texas & individuals living with their families or in ICF/MRs) asking for expansion of HCBSc waiver. District Court held that States are authorized to limit waiver participation & individuals cannot assert an enforceable right to services once the limit is reached but it upheld the plaintiffs ADA motions (noting a fundamental alteration defense might be a barrier to the plaintiffs). Progress Ongoing. Further details [http://www.usdoj.gov/crt/briefs/mccarthy.pdf]
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