You need Javascript enabled for this to workNew York Olmstead Cases, 2009
Logo for Center for Personal Assistance Services New Browser Window, University of California, San Francisco  
Jump over main navigation bar to the sub navigation barHome (press control H in some browsers)Current directory is Need for PAS (press control N in some browsers)Home and Community PAS (press control C in some browsers)Workers and Caregivers (press control W in some browsers)Economics and Workplace PAS (press control E in some browsers)Emergency Preparedness (press control P in some browsers)PAS Users (press control U in some browsers) 
Jump over the sub navigation bar to the main body content
Jump over the main body content to the main navigation bar
 

Printer-friendly page

map of

New York Olmstead and Olmstead Related Cases, 2009

May 2009

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

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.

Rodriguez v. City of NY

Date filed: 1996

Case status: Closed (Oct 1999)

Primary Target group: MR/DDa

Case Type (Olmstead e or Related f): Olmstead

Reference (on the Olmstead & Olmstead-related Lawsuits table) : NY111 21

Case Summary & Links to Further Detailsiii:

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.

Sanon v. Wing

Date filed: 1998

Case status: Closed (Feb 2000)

Primary Target group: HCBSc

Case Type (Olmstead e or Related f): Related

Reference (on the Olmstead & Olmstead-related Lawsuits table) : NY211 14

Case Summary & Links to Further Detailsiii:

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.

Bernard v. Novello

Date filed: 2000

Case status: Closed

Primary Target group: HCBSc

Case Type (Olmstead e or Related f): Related

Reference (on the Olmstead & Olmstead-related Lawsuits table) : NY32

Case Summary & Links to Further Detailsiii:

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

Henrietta v. Bloomberg

Date filed: 2001

Case status: Closed (June 20037)

Primary Target group: HIVd/other

Case Type (Olmstead e or Related f): Related

Reference (on the Olmstead & Olmstead-related Lawsuits table) : NY45

Case Summary & Links to Further Detailsiii:

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.

Disability Advocates, Inc. v. Paterson

Date filed: Jul. 2003

Case status: Open

Primary Target group: Mental Illness

Case Type (Olmstead e or Related f): Olmstead

Reference (on the Olmstead & Olmstead-related Lawsuits table) : NY53

Case Summary & Links to Further Detailsiii:

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]

William G et al v. Pataki et al

Date filed: Oct. 2003

Case status: Open

Primary Target group: Mental illness

Case Type (Olmstead e or Related f): Olmstead

Reference (on the Olmstead & Olmstead-related Lawsuits table) : NY63 23

Case Summary & Links to Further Detailsiii:

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.

Joseph S. v Hogan

Date filed: Mar, 2006

Case status: Open

Primary Target group: MR/DDa
Mental illness

Case Type (Olmstead e or Related f): Olmstead

Reference (on the Olmstead & Olmstead-related Lawsuits table) : NY7

Case Summary & Links to Further Detailsiii:

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.

Select from Map
Button: Map of the 50 US states. Choose another state for page.
OR
Select from List