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Olmstead Related Cases References
Updated January 2005
The main source of information for each case is indicated by the code for the
state (for example PA31). 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.nhelp.org/courtwatch.shtml
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
15HCFA (now CMS), September 4, 1998: 'Dear
State Medicaid Director' letter. Available at: http://www.cms.hhs.gov/states/letters/smd90498.asp.
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.
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/resources/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.
20See 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.welfarelaw.org/ada_manual/contents.htm.
Notes
* Important case.
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. * Indicates this is an important case (e.g., it may have influenced
the ruling in other cases).
ii n/a denotes where information is not
available from the sources used.
iii Information in this column covers:
the notable features of the lawsuit. For example, if a service provider brought
the case, whether the complaint is specifically regarding children's services,
whether the case was brought in a court other than Federal District Court (as
is most common). What the most current known progress is of the case, whether
the lawsuit had class certification and where to go online to find out more
information about the lawsuit (further details).
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. An Olmstead-type complaint. 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).
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
PAS Personal Assistance Services
P&A; Protection and Advocacy Agency
Home and Community Based Services: Olmstead and Olmstead-related Lawsuits.
Martin Kitchener, Micky Willmott and Charlene Harrington
USCF National Center for Personal Assistance Services,
2nd revision, January 2005
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