Summary & Progress Appeal Court held that the state did not have a duty to provide new PAS (safety monitoring) as well as other PAS already provided to plaintiffs with Alzheimer's & cognitive disabilities at risk of institutionalization. Appeal Court held that the plaintiffs had not been discriminated against as the same services were provided to mentally & physically disabled people & safety monitoring is not provided to any group.

Summary A compilation of 3 cases whereby plaintiffs challenged termination of home health services & referral for nursing facility placement after the state determined home health was no longer cost-effective because it exceeded 90% of the average cost of a nursing facility.
Progress Complaints upheld. Court prevented state from terminating the services as state failed to show that continuing to provide services would fundamentally alter its program. Court also found that Olmstead covers people with physical &/or sensory disabilities as much as mental or emotional disabilities¹⁴.

Summary Case challenged inadequate personal care & home health aide services.
Progress Settlement

Summary and Progress Court of Appeals ruled it was not a fundamental alteration to order NY to reform its state agency charged with assisting people with HIV to gain access to necessary services.

Summary Class action about service quality & unnecessary institutionalization. It demands the expansion of supported housing & better conditions in adult homes.
Progress Ongoing.

The U.S. District Court for the Eastern District of New York issued a memorandum and order regarding the case on 9/8/09. The court ruled that the State of New York violates the ADA and RSA by unnecessarily segregating approximately 4,3000 people with mental illness in large private “adult homes.”

The Memorandum and Order can be downloaded at: [http://www.nyed.uscourts.gov/pub/rulings/cv/2009/03cv3209mo090809.pdf]

For more information:
[http://www.bazelon.org/newsroom/2009/DAIruling9-8-09.htm]

and
[http://www.bazelon.org/incourt/docket/dai.html]

To download a copy of the plaintiff’s complaint, go to:
[http://www.bazelon.org/issues/disabilityrights/incourt/nycomplaint/finalcomplaint.pdf]

Summary Class action on behalf of people with mental illness & chemical addiction living in NY city jails alleging they have been discriminated against because other individuals who have chemical addiction but no/minor mental illness are released to community treatment programs more quickly.
Progress Ongoing.

Summary Plaintiffs claim that persons with MR/DD and mental illness were discharged from hospitals directly into nursing homes, with no services provided for in-home and community care.
Progress Ongoing.