You need Javascript enabled for this to workMassachusetts Olmstead Cases, 2009
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Massachusetts Olmstead and Olmstead Related Cases, 2009

May 2009

The Center for PAS has tracked 7 Olmstead related case(s) in Massachusetts.

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.

Rolland et al v. Romney et al

Date filed: Oct. 1998

Case status: Closed (Jan 20039)

Primary Target group: MR/DDa

Case Type (Olmstead e or Related f): Olmstead

Reference (on the Olmstead & Olmstead-related Lawsuits table) : MA12 3 21 23

Case Summary & Links to Further Detailsiii:

Summary Class action alleging plaintiffs were denied community-based placements or 'specialized services' when they opted to stay in a nursing facility.
Progress Settlement. Provides that nursing home residents with MR/DD are offered community residential services & community placements are provided for class members.

Hermanson et al. v. Commonwealth of MA et al

Date filed: 2001

Case status: Closed (Feb 2003)

Primary Target group: Physical Disability

Case Type (Olmstead e or Related f): Olmstead

Reference (on the Olmstead & Olmstead-related Lawsuits table) : MA22 3

Case Summary & Links to Further Detailsiii:

Summary Class action challenging state policy of applying more restrictive financial eligibility criteria to seniors than working age adults with disabilities on the Medicaid PAS program so seniors are at risk of institutionalization.
Progress Settlement. Provides for a more liberal financial eligibility criteria for seniors.

Boulet et al. vs. Celluci et al.

Date filed: Mar. 1999

Case status: Closed (Jul. 20005)

Primary Target group: HCBSc

Case Type (Olmstead e or Related f): Related

Reference (on the Olmstead & Olmstead-related Lawsuits table) : MA33

Case Summary & Links to Further Detailsiii:

Summary Class action about wait lists for residential services.
Progress Settlement. Provides for state to spend $355.8 million to expand services between 2002 & 2006.

Rosie D. v. Swift

Date filed: 2001

Case status: Open

Primary Target group: Mental Illness

Case Type (Olmstead e or Related f): Related

Reference (on the Olmstead & Olmstead-related Lawsuits table) : MA42 23

Case Summary & Links to Further Detailsiii:

Summary Class action alleging children with mental illness have been hospitalized or are at risk of institutionalization because of lack of home based mental health services.
Progress Ongoing. Both parties were ordered by the court to develop various remedies.

Mendez v. Brown

Date filed: Jun, 2003

Case status: Open

Primary Target group: Physical Disability

Case Type (Olmstead e or Related f): Related

Reference (on the Olmstead & Olmstead-related Lawsuits table) : MA57

Case Summary & Links to Further Detailsiii:

Summary 2 clinically obese Medicaid beneficiaries sued the state's denial of breast reduction surgery.
Progress Ongoing.

Garcia v. Warring

Date filed: Aug, 2002

Case status: Closed

Primary Target group: Mental illness

Case Type (Olmstead e or Related f): Olmstead

Reference (on the Olmstead & Olmstead-related Lawsuits table) : MA62

Case Summary & Links to Further Detailsiii:

Summary Case brought by the state P&A; on behalf of a woman diagnosed with psychosis & dementia who only speaks Portuguese. All PAS providers claimed they could not serve her as she only responds to her daughter.
Progress Court upheld complaint, ruling that as she qualified for PAS it would not be a fundamental alteration for the woman's family to be paid to provide services

Ricci et al v. Patrick

Date filed: Oct, 2008

Case status: Closed

Primary Target group: MR/DDa

Case Type (Olmstead e or Related f): Related

Reference (on the Olmstead & Olmstead-related Lawsuits table) : MA7

Case Summary & Links to Further Detailsiii:

Summary Plaintiff filed to re-open a consent decree that required the state's Department of Mental Retardation to offer the Fernald Developmental Center as an on-going option for its current residents. Defendant argued that the court lacked jurisdiction to reopen the Ricci case (previously known as Ricci v. Okin).
Progress. Case dismissed.

For more information:
[http://www.arcmass.org/StateHousePolicy/RegulationandPolicyDebates/FernaldSchoolClosingandRICCIClass/tabid/175/Default.aspx]
[http://www.arcmass.org/LinkClick.aspx?fileticket=%2fz8yFyhQ8JY%3d&tabid;=152∣=2247]

To download the Appellate Court opinion:
[http://www.nasddds.org/pdf/Massachusetts-RiccivPatrickUSCA1Opinion(10-1-2008).pdf]

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