You need Javascript enabled for this to workArkansas Olmstead Cases, 2009
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Arkansas Olmstead and Olmstead Related Cases, 2009

May 2009

The Center for PAS has tracked 3 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.

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

Date filed: Nov. 2001

Case status: Open

Primary Target group: MR/DDa

Case Type (Olmstead e or Related f): Related

Reference (on the Olmstead & Olmstead-related Lawsuits table) : AR12 3 16 24

Case Summary & Links to Further Detailsiii:

Summary Plaintiffs (children & service providers) challenged plans to reduce Medicaid services (ending some day treatment & therapy for children with DD).
Progress Under appeal. 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.

Tessa G v. AR Dept of Human Services et al

Date filed: Jun. 2003

Case status: Closed (Aug 2003)

Primary Target group: HCBSc

Case Type (Olmstead e or Related f): Related

Reference (on the Olmstead & Olmstead-related Lawsuits table) : AR23

Case Summary & Links to Further Detailsiii:

Summary Case 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.

Porter & Norman v. Knickreim

Date filed: Oct. 2003

Case status: Open

Primary Target group: MR/DDa

Case Type (Olmstead e or Related f): Related

Reference (on the Olmstead & Olmstead-related Lawsuits table) : AR33 25

Case Summary & Links to Further Detailsiii:

Summary Case challenges the constitutionality of the admission & discharge procedures for people with MR/DD in state institutions.
Progress. On appeal. In 2005, the Appeals court ordered defendants to submit a new set of post-admission review procedures and ruled that the amended rules are an adequate remedy to the case. Plaintiff's appeal is pending. Further details [http://www.arkdisabilityrights.org/law/alerts.html]

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