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Texas Olmstead and Olmstead Related Cases, 2009

May 2009

The Center for PAS has tracked 6 Olmstead related case(s) in Texas.

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.

Frew et al v. Hawkins et al

Date filed: 1993

Case status: Closed (Feb 20047)

Primary Target group: Children

Case Type (Olmstead e or Related f): Related

Reference (on the Olmstead & Olmstead-related Lawsuits table) : TX13 16

Case Summary & Links to Further Detailsiii:

Summary Case alleging the state was not meeting obligations to furnish EPSDT services to children.
Progress Consent decree.

Doe & Doe v. Hall

Date filed: 1998

Case status: Closed (1999)

Primary Target group: Mental Illness

Case Type (Olmstead e or Related f): Related

Reference (on the Olmstead & Olmstead-related Lawsuits table) : TX22

Case Summary & Links to Further Detailsiii:

Summary Case alleging the lack of minimally adequate crisis intervention services had lead to the state incarcerating individuals while they await transportation to mental health services.
Progress Complaint upheld.

Charles M v. Hale

Date filed: 1998

Case status: Closed

Primary Target group: HCBSc

Case Type (Olmstead e or Related f): Related

Reference (on the Olmstead & Olmstead-related Lawsuits table) : TX32

Case Summary & Links to Further Detailsiii:

Summary Case challenges state policy of denying Medicaid community services to anyone whose needs exceed 95% cost of nursing home care, rather than providing 95% of services.
Progress Settlement. Provides for waiver & provision of Medicaid Home Health services.

Alberto N et al v. Don A. Gilbert

Date filed: 1999

Case status: Closed (2002)

Primary Target group: HCBSc

Case Type (Olmstead e or Related f): Related

Reference (on the Olmstead & Olmstead-related Lawsuits table) : TX42

Case Summary & Links to Further Detailsiii:

Summary Case alleged state Medicaid denies children medically necessary EPDST services & puts them at risk of institutionalization.
Progress Settlement. The state to change policies and provide EPDST services & information.

Private Providers Association of TX v. TX Health & Human Services Commission et al

Date filed: Jan. 2002

Case status: Open

Primary Target group: MR/DDa

Case Type (Olmstead e or Related f): Related

Reference (on the Olmstead & Olmstead-related Lawsuits table) : TX53

Case Summary & Links to Further Detailsiii:

Summary Class action brought by service providers when the state failed to change its ICF/MR & HCBS waiver payment system so that it could periodically update (rebase) payments to account for changes in cost. Payments were adversely affected & non-state payments were different to state operated services' payments.
Progress Ongoing

McCarthy et al v. Hawkins et al

Date filed: Sep. 2002

Case status: Open

Primary Target group: MR/DDa

Case Type (Olmstead e or Related f): Olmstead

Reference (on the Olmstead & Olmstead-related Lawsuits table) : TX62 3 23

Case Summary & Links to Further Detailsiii:

Summary Class action (brought by Arc of TX & 11 individuals living with their families or in ICF/MRs) asking for expansion of HCBS waiver.
Progress Ongoing.

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