You need Javascript enabled for this to workNew Mexico Olmstead Cases, 2009
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New Mexico Olmstead and Olmstead Related Cases, 2009

May 2009

The Center for PAS has tracked 2 Olmstead related case(s) in New Mexico.

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.

Jackson v. Fort Stanton Hospital & Training School

Date filed: 1990

Case status: Closed (1992)

Primary Target group: MR/DDa

Case Type (Olmstead e or Related f): Related

Reference (on the Olmstead & Olmstead-related Lawsuits table) : NM12 11 21

Case Summary & Links to Further Detailsiii:

Summary Class action claimed unsafe conditions & lack of discharge plans for residents to state DD facilities.
Progress Consent decree required closure of all state institutions & the last resident moved out in 1998. 21

Lewis et al. v. NM Dept of Health et al.*

Date filed: Jan. 1999

Case status: Closed (Sep 2005)

Primary Target group: HCBSc

Case Type (Olmstead e or Related f): Olmstead

Reference (on the Olmstead & Olmstead-related Lawsuits table) : NM22 3

Case Summary & Links to Further Detailsiii:

Summary Class action for people in institutions & people in the community seeking waiver services.
Progress Complaint upheld. Court ruled that the state had not furnished services with reasonable promptness but did not require the state to expand its program to include the people on the waitlist because reasonable promptness only extends as far as there are available funds & slots. Court ordered state to allocate slots as soon as they are available, determine a person's eligibility within 90 days & provide waiver services within 90 days of finding eligibility.

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