Arkansas Olmstead and Olmstead Related Cases, 2013
map of Arkansas title=Arkansas

Updated May 2013

The Center for PAS has tracked 5 Olmstead related case(s) in Arkansas.

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.

Arkansas: Pediatric Specialty Care, Inc et al v. AR Dept of Human Services et al

Date filed:

2001

Case status:

Open

Primary Target group:

MR/DD

Case Type (Olmstead e or Related f):

Related

References:

2, 3, 16, 24

Class action:

No

US DOJ participation (type of participation):

No

Summary:

Plaintiffs (children & service providers) challenging plans to reduce Medicaid services (ending some day treatment & therapy for children with DD). District & Appeal Courts upheld the complaint, ruling that states are required to identify services in their Medicaid plan. If a physician determines services necessary for Medicaid eligible children, state must pay for them regardless whether they were listed in the state Medicaid Plan.

Progress:

Case faces a trial at the district court level.

Arkansas: Tessa G v. AR Dept of Human Services et al 03cv493

Date filed:

2003

Case status:

Settlement (2003)

Primary Target group:

HCBS

Case Type (Olmstead e or Related f):

Related

References:

3

Class action:

No

US DOJ participation (type of participation):

No

Summary:

Complaint concerns state's practice of wait listing individuals for its HCBS waiver program for people with disabilities instead of allowing them to submit an application.

Progress:

Settlement. State offered waiver services to individuals on the list, up to its CMS approved participant cap & conceded it was required to allow people to apply for services under Federal law.

Arkansas: Porter & Norman v. Knickreim 03-CV-812

Date filed:

2003

Case status:

Defendant win (2006)

Primary Target group:

MR/DD

Case Type (Olmstead e or Related f):

Related

References:

3, 25

Class action:

No

US DOJ participation (type of participation):

No

Summary:

Complaint challenges the constitutionality of the admission & discharge procedures for people with MR/DD a in state institutions.

Progress:

The court ruled that the state's amended rules are an adequate remedy to the case. The Arkansas Disability Rights Center appealed but was denied by the 8th Circuit.

Further details:
http://www.arkdisabilityrights.org/programs?q=node/30

To read the decision on the appeal by the 8th Circuit Court of Appeals, go to:
http://www.ca8.uscourts.gov/opndir/06/08/052978P.pdf

Arkansas: U.S. v. Arkansas - 10-CV-327

Date filed:

2010

Case status:

Defendant win (2011)

Primary Target group:

MR/DD

Case Type (Olmstead e or Related f):

Olmstead

References:

46

Class action:

No

US DOJ participation (type of participation):

Yes (US party)

Summary:

The United States filed suit against the State of Arkansas and Arkansas officials on May 6, 2010, alleging that the defendants were violating the ADA by failing to provide services to individuals with developmental disabilities in the most integrated setting appropriate to their needs and by failing to provide community service options for the 1400 people on waiting lists at risk of institutionalization. On January 24, 2011, the U.S. District Court for the Eastern District of Arkansas dismissed the complaint without prejudice on procedural grounds relating to pre-litigation notice to the State.

To view the US Complaint Alleging Violations of the Americans with Disabilities Act filed May 6, 2010, go to:
http://www.ada.gov/olmstead/documents/arkansas_ada_complaint.pdf

Arkansas: U.S. v. Arkansas - 4:09-CV-00033

Date filed:

2009

Case status:

Defendant win (2011)

Primary Target group:

MR/DD

Case Type (Olmstead e or Related f):

Olmstead

References:

46

Class action:

No

US DOJ participation (type of participation):

Yes (US party)

Summary:

The United States filed a complaint on January 16, 2009, against the State of Arkansas and Arkansas officials alleging violations of the ADA, the U.S. Constitution, and the Individuals with Disabilities Education Act at the State's Conway Human Development Center for failing to provide services to facility residents in the most integrated setting appropriate to their needs; subjecting them to unconstitutional conditions; and depriving them of a free appropriate public education in the least restrictive environment. On June 8, 2011, the U.S. District Court for the Eastern District of Arkansas dismissed the action with prejudice.

To view the US Complaint Alleging Violations of the Americans with Disabilities Act, Constitution, and the Individuals with Disabilities Education Act filed Jan. 16, 2009, go to:
http://www.ada.gov/olmstead/documents/arkansas_complaint.pdf

To view the US Memorandum in Support of Motion for Summary Judgment filed July 1, 2010 and denied July 30, 2010, go to:
http://www.ada.gov/olmstead/documents/arkansas_motion_sj.pdf

To view the US Post-Trial Brief filed Feb. 10, 2011 go to:
http://www.ada.gov/olmstead/documents/arkansas_post_trial.pdf

To view the Findings of Fact and Conclusions of Law filed June 8, 2011, go to:
http://www.ada.gov/olmstead/documents/arkansas_conclusions.pdf

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