You need Javascript enabled for this to workPennsylvania Olmstead Cases, 2009
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Pennsylvania Olmstead and Olmstead Related Cases, 2009

May 2009

The Center for PAS has tracked 15 Olmstead related case(s) in Pennsylvania.

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.

Easley v. Snider*

Date filed: 1991

Case status: Closed (Sep 1994)

Primary Target group: HCBSc

Case Type (Olmstead e or Related f): Related

Reference (on the Olmstead & Olmstead-related Lawsuits table) : PA119 21

Case Summary & Links to Further Detailsiii:

Summary Case regarding 2 individuals, one with TBI, one with multiple sclerosis & mental illness. Both were denied access to the state attendant care program as they cannot hire/supervise attendants or manage legal/financial affairs.
Progress Court found their inclusion would be a fundamental alteration & is not 'state discrimination ...it is a case where an additional handicap...renders participation in the program ineffectual'

Further details
[http://www.cms.hhs.gov/smdl/downloads/smd072998.pdf]

Nelson v. Snider*

Date filed: n/a

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) : PA211

Case Summary & Links to Further Detailsiii:

Summary This successful case is lauded11 (along with Richard C. v. Houstoun, PA9) as a key influence in the development of deinstitutionalization efforts in Pennsylvania.

Helen L v. Dedario*

Date filed: n/a

Case status: Closed (Feb 19957)

Primary Target group: Mental Illness

Case Type (Olmstead e or Related f): Related

Reference (on the Olmstead & Olmstead-related Lawsuits table) : PA33

Case Summary & Links to Further Detailsiii:

Summary The plaintiff was confined to a nursing facility even though it was determined that she could live in the community with PAS510.
Progress Court ruled the state's failure to provide services in the most integrated setting violated the ADA & the provision of waiver services would not fundamentally alter the nature of the program.

Greist v. Norristown State Hospital

Date filed: 1996

Case status: Closed (1997)

Primary Target group: Mental Illness

Case Type (Olmstead e or Related f): Related

Reference (on the Olmstead & Olmstead-related Lawsuits table) : PA42 13

Case Summary & Links to Further Detailsiii:

Summary Case regarding individual found not guilty of murder by reason of insanity & committed to state hospital. Plaintiff sued the hospital for extending his commitment & not treating his dyslexia in a more integrated setting.
Progress Court ruled the plaintiff was not a qualified person under the ADA since he had been assessed as dangerous & to treat him in the community would be a fundamental alteration of the state program.

Charles Q v. Houstoun*

Date filed: 1996

Case status: Closed (1997)

Primary Target group: MR/DDa & Mental Illness

Case Type (Olmstead e or Related f): Related

Reference (on the Olmstead & Olmstead-related Lawsuits table) : PA53

Case Summary & Links to Further Detailsiii:

Summary In this class action, the court ruled favorably for patients in a state psychiatric hospital who had a dual diagnosis & were seeking treatment in the community.10

Kathleen S v. Dept of Public Welfare*

Date filed: 1998

Case status: Closed

Primary Target group: Mental Illness

Case Type (Olmstead e or Related f): Olmstead

Reference (on the Olmstead & Olmstead-related Lawsuits table) : PA62

Case Summary & Links to Further Detailsiii:

Summary Case regarding people living in the state hospital despite being assessed as eligible for community placement.
Progress Settlement

Elizabeth M et al v. Houstoun

Date filed: 1999

Case status: Closed

Primary Target group: HCBSc

Case Type (Olmstead e or Related f): Related

Reference (on the Olmstead & Olmstead-related Lawsuits table) : PA73

Case Summary & Links to Further Detailsiii:

Summary Class action regarding waitlists (filed by the Disability Law Center).

Gross v. Houstoun

Date filed: 1999

Case status: Closed

Primary Target group: HCBSc

Case Type (Olmstead e or Related f): Related

Reference (on the Olmstead & Olmstead-related Lawsuits table) : PA83

Case Summary & Links to Further Detailsiii:

Summary Case regarding waitlists (filed by the Disability Law Center).
Progress Lawsuit withdrawn after the Governor announced a plan to reduce the waiting list.

Richard C. v. Houstoun

Date filed: 1989

Case status: Closed (Jul 2000)

Primary Target group: MR/DDa

Case Type (Olmstead e or Related f): Olmstead

Reference (on the Olmstead & Olmstead-related Lawsuits table) : PA92 21

Case Summary & Links to Further Detailsiii:

Summary Lawsuit by families of people with DD who were to be moved out of a facility that was to be closed.
Progress Court ruled that Olmstead did not mean that people have the right to stay in institutions if they refuse HCBS

PA P&A; v. Dept of Public Welfare et al

Date filed: Sep. 2000

Case status: Closed (Dec 2005)

Primary Target group: Mental illness

Case Type (Olmstead e or Related f): Olmstead

Reference (on the Olmstead & Olmstead-related Lawsuits table) : PA103 23

Case Summary & Links to Further Detailsiii:

Summary Case regarding residents of a state nursing facility for seniors. Plaintiffs sought to remove eligible persons from the institutions into HCBS settings.
Progress Settlement. The state will evaluate residents of the nursing facility to see if they are appropriate for discharge to the community.

Delong et al vs. Houstoun

Date filed: Oct. 2000

Case status: Closed (Oct 2002)

Primary Target group: MR/DDa

Case Type (Olmstead e or Related f): Related

Reference (on the Olmstead & Olmstead-related Lawsuits table) : PA112 3

Case Summary & Links to Further Detailsiii:

Summary Class action about a limit on the number of individuals served through the Person/Family-directed Supports waiver.
Progress Settlement. Provides that the state will request funding to serve the number of individuals authorized in the waiver program.

Frederick L et al v. Dept of Public Welfare et al.*

Date filed: 20012

Case status: Closed38

Primary Target group: Mental illness8

Case Type (Olmstead e or Related f): Olmstead

Reference (on the Olmstead & Olmstead-related Lawsuits table) : PA123 23

Case Summary & Links to Further Detailsiii:

Summary Class action regarding plaintiffs institutionalized in state hospital despite recommendation for community placement.
Progress Settlement. The state submitted a four-year plan regarding the community placement of Norristown State Hospital

Network for Quality MR Services in PA v. Dept of Public Welfare

Date filed: Mar. 2002

Case status: Closed (Jul 2003)

Primary Target group: MR/DDa

Case Type (Olmstead e or Related f): Related

Reference (on the Olmstead & Olmstead-related Lawsuits table) : PA133

Case Summary & Links to Further Detailsiii:

Summary Case brought by a coalition of agencies providing services to individuals in ICF/MR &/or the HCBS waiver program for people with MR/DD, which asks the court to order that direct care staff costs are reimbursed & updated.
Progress Case dismissed

Sabree et al v. Richman*

Date filed: May. 2002

Case status: Closed (Sep 2005)

Primary Target group: MR/DDa

Case Type (Olmstead e or Related f): Related

Reference (on the Olmstead & Olmstead-related Lawsuits table) : PA142 3

Case Summary & Links to Further Detailsiii:

Summary Plaintiffs are waitlisted for ICF/MR services & filed this case in response to a proposed reduction of funds for reducing the community services wait list.
Progress Settlement

Alexander v Rendell

Date filed: Jan, 2006

Case status: Closed (Jan 2009)

Primary Target group: MR/DDa

Case Type (Olmstead e or Related f): Olmstead

Reference (on the Olmstead & Olmstead-related Lawsuits table) : PA15

Case Summary & Links to Further Detailsiii:

Summary Plaintiffs were resident of ICF/MR which the state wants to close. Plaintiffs contend that moving them to another ICF/MR or to a HCBS setting would violate Olmstead's 'most integrated setting' rule.
Progress Case dismissed

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