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California Olmstead and Olmstead Related Cases, 2009

May 2009

The Center for PAS has tracked 14 Olmstead related case(s) in California.

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.

Sobky v. Smoley

Date filed: 19919

Case status: Closed (1994)

Primary Target group: HIVd/other

Case Type (Olmstead e or Related f): Related

Reference (on the Olmstead & Olmstead-related Lawsuits table) : CA18

Case Summary & Links to Further Detailsiii:

Summary Class action challenged denial of methadone maintenance treatment (MMT) to Medicaid eligible people because the county they live in did not have a MMT program.
Progress Appeal Court upheld ruling stating services should be provided; with 'reasonable promptness', evenly across the state & with adequate scope & duration of treatment, noting that if beneficiaries wait different lengths of time, it constitutes discrimination

Coffelt v. Dept of Developmental Services

Date filed: 1990

Case status: Closed (1994)

Primary Target group: MR/DDa

Case Type (Olmstead e or Related f): Related

Reference (on the Olmstead & Olmstead-related Lawsuits table) : CA22 11

Case Summary & Links to Further Detailsiii:

Summary Case challenging the placement of people with MR/DD in institutions.
Progress Settlement (a net decrease of 2,000 in the institutional population over 5 years & improved HCBS).

Richard S et al v. Dept of Developmental Services

Date filed: 1997

Case status: Closed (2000)

Primary Target group: MR/DDa

Case Type (Olmstead e or Related f): Olmstead

Reference (on the Olmstead & Olmstead-related Lawsuits table) : CA32

Case Summary & Links to Further Detailsiii:

Summary Case (brought by doctor) claiming that plaintiffs should not be discharged to the community because they were in the most integrated setting appropriate (DD Centers).
Progress Settlement (included provision that treating professionals can express an objection to a community placement).

Hale 'Buttercup' v. Belshe

Date filed: 1997

Case status: Closed

Primary Target group: HCBSc

Case Type (Olmstead e or Related f): Related

Reference (on the Olmstead & Olmstead-related Lawsuits table) : CA42

Case Summary & Links to Further Detailsiii:

Summary Class action challenging failure to comply with PASRR, improperly imposing caps on mental health rehabilitation & not providing services in the least restrictive setting.
Progress Case voluntarily dismissed as appropriate placements were identified

Emily Q. v. Bonta

Date filed: 1998

Case status: Closed (Oct 2006)

Primary Target group: Children

Case Type (Olmstead e or Related f): Related

Reference (on the Olmstead & Olmstead-related Lawsuits table) : CA52 16

Case Summary & Links to Further Detailsiii:

Summary Case regarding lack of provision of therapeutic behavioral health services to medically needy children receiving EPDST services under Medicaid.
Progress Complaint upheld.

Black v. Dept of Mental Health

Date filed: 1997

Case status: Closed (20002)

Primary Target group: Mental Illness

Case Type (Olmstead e or Related f): Olmstead

Reference (on the Olmstead & Olmstead-related Lawsuits table) : CA62

Case Summary & Links to Further Detailsiii:

Summary Case brought by the Administrator of the estate of a person with mental illness, claiming the state violated the ADA by discharging the individual from a private institution to the community.
Progress Complaint dismissed. Appeal Court ruled that Olmstead clarified that the ADA does not impose a standard of care on states & does not prohibit inappropriate community discharge

CA Association of Health Facilities v. State Dept of Health Services

Date filed: Dec 2002

Case status: Dec 2006

Primary Target group: HCBSc

Case Type (Olmstead e or Related f): Related

Reference (on the Olmstead & Olmstead-related Lawsuits table) : CA73

Case Summary & Links to Further Detailsiii:

Summary Case brought by association of health association to include certain add-ons when the state determines reimbursement rates.
Progress. Appeals court ruled that the district court's award of summary judgment for the defendants were inappropriate and remanded for further proceedings.

Sanchez et al v. Johnson et al

Date filed: May. 2000

Case status: Closed (Aug 2005)

Primary Target group: MR/DDa

Case Type (Olmstead e or Related f): Related

Reference (on the Olmstead & Olmstead-related Lawsuits table) : CA83 23

Case Summary & Links to Further Detailsiii:

Summary Plaintiffs (including service providers) challenged the disparity between wages for direct support professionals in institutions & in the community11.
Progress Case dismissed. The court decided the trial would only examine whether payments are sufficient to provide quality services. The court dismissed the case as Medicaid law does not give individually enforceable rights. This was affirmed by the appeals court.

Davis et al.v. CA Health and Human Services Agency et al

Date filed: Jul 20007

Case status: Closed (Jul. 2004)

Primary Target group: HCBSc

Case Type (Olmstead e or Related f): Olmstead

Reference (on the Olmstead & Olmstead-related Lawsuits table) : CA92 3 23

Case Summary & Links to Further Detailsiii:

Summary Class action brought by a coalition of organizations on behalf of residents of Laguna Honda nursing facility. The US Dept of Justice also conducted an investigation & found it to be in breach of Olmstead.
Progress Settlement (includes targeted case management for people living in the facility or at risk of admission). The state will also revise their screening program for individuals with psychiatric disabilities with an emphasis on community alternatives versus nursing homes. The plaintiffs reserve the right to re-file the lawsuits if there are insufficient community options.

Clayworth et al v. Bonta et al

Date filed: Dec 2003

Case status: Closed (Aug 20057)

Primary Target group: HCBSc

Case Type (Olmstead e or Related f): Related

Reference (on the Olmstead & Olmstead-related Lawsuits table) : CA103

Case Summary & Links to Further Detailsiii:

Summary Case brought by Medicaid recipients & a pharmacist providing Medicaid services to prevent California from instituting a 5% rate reduction in Medicaid payments.
Progress Case dismissed.

Capitol People First et al v. CA Dept of Developmental Services et al.

Date filed: Jan. 2002

Case status: Closed (Apr2009)

Primary Target group: MR/DDa

Case Type (Olmstead e or Related f): Olmstead

Reference (on the Olmstead & Olmstead-related Lawsuits table) : CA112 23

Case Summary & Links to Further Detailsiii:

Summary Class action suit for all Californians with MR/DD in, or at risk of placement in institutions challenges that the state unnecessarily institutionalizes people with MR/DD & requests changes including that the state offers the full range of Medicaid & state HCBS.
Progress Settlement. Final approval of the settlement in April 2009. The settlement will see the state provide additional funds for case management to assist class members in state-run institutions called developmental centers (DC); improved information to class members and training for DC staff about community living options; increased state-level coordination of services for people diagnosed with developmental and mental health disabilities; and continued funding and program efforts to provide community living alternatives for class members.

Details of the settlement can be found at:
[http://www.disabilityrightsca.org/advocacy/CPFvDDS/Summary_of_Settlement-2009-04-27.pdf]

Additional information about the case can be found at:
[http://www.disabilityrightsca.org/advocacy/CPFvDDS/index.htm]

Rodde et al. v. Bonta et al

Date filed: Mar 20037

Case status: Closed (2004)

Primary Target group: Physical Disability

Case Type (Olmstead e or Related f): Related

Reference (on the Olmstead & Olmstead-related Lawsuits table) : CA122 7 27

Case Summary & Links to Further Detailsiii:

Summary Case challenging the closure of Rancho Los Amigos Rehabilitation Hospital. It argues that without the service, people with disabilities will not learn to live independently & risk institutionalization & are being treated differently to other Medicaid beneficiaries.
Progress Settlement. The County will keep Rancho open for at least three years from the date the settlement becomes final, unless a buyer appears before this time. During this time period, Rancho will continue providing medical services to people with disabilities and will a buyer for the hospital or establish a nonprofit organization to take it over. If the hospital closes, the County must provide adequate continuation of services for its patients with Medi-Cal.

To download the settlement agreement:
[https://www.disabilityrightslegalcenter.org/documents/SettlementAgreement.doc]

Mark Chambers et al. v. City and County of San Francisco

Date filed: Oct 2006

Case status: Closed (2008)

Primary Target group: Physical Disability

Case Type (Olmstead e or Related f): Olmstead

Reference (on the Olmstead & Olmstead-related Lawsuits table) : CA1337

Case Summary & Links to Further Detailsiii:

Summary Six residents of Laguna Hospital, joined by the Independent Living Resource Center of San Francisco, filed a class-action lawsuit challenging the City and County of San Francisco's policies regarding the institutionalization of people with disabilities. The plaintiffs argue that they are capable of and would prefer to live in the community.
Progress. Settlement. Final approval of the settlement given in Sept 2008. For plaintiffs and eligible Laguna Honda residents, the settlement consists of access to a Medi-Cal HCBS waiver, a rental subsidy program that will provide accessible housing and care coordination for programs such as attendant and nursing care, care management, mental health services, assistance with meals and substance abuse treatment

To view a summary of the lawsuit:
[http://www.pai-ca.org/advocacy/lhh/index.htm]

To review the entire settlement agreement:
[http://www.pai-ca.org/advocacy/LHH/Settlement_Agreement_FINAL_12-03-07.pdf]

Katie A. v. Bonta

Date filed: Jul 2002

Case status: Open

Primary Target group: Mental Illness

Case Type (Olmstead e or Related f): Related

Reference (on the Olmstead & Olmstead-related Lawsuits table) : CA1438 39

Case Summary & Links to Further Detailsiii:

Summary Class action suit challenged the state's practice of confining mentally ill children who are in the state's foster care system or at risk of removal from their families and who have mental health needs into hospitals and large group homes rather than home and community-based options.
Progress Ongoing. The district court ordered that the state must provide community services to children with mental health needs A special master was appointed by the court to facilitate an agreement between the parties in 2009.

For asummary of the case:
[http://www.bazelon.org/incourt/docket/katieA.htm]

To view the original complaint:
[http://www.bazelon.org/issues/children/incourt/KatieA/katiea_complaint.pdf]

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