You need Javascript enabled for this to workWest Virginia Olmstead Cases, 2009
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West Virginia Olmstead and Olmstead Related Cases, 2009

May 2009

The Center for PAS has tracked 2 Olmstead related case(s) in West Virginia.

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.

Medley v. Ginsberg

Date filed: 1979

Case status: Closed (1981)

Primary Target group: MR/DDa

Case Type (Olmstead e or Related f): Related

Reference (on the Olmstead & Olmstead-related Lawsuits table) : WV111

Case Summary & Links to Further Detailsiii:

Summary West Virginia eliminated state institutions for persons with developmental disabilities as a result of the court orders in this case.
Progress Settlement

Benjamin H et al v. Ohl*

Date filed: Apr. 19995

Case status: Closed (Aug 2002)

Primary Target group: MR/DDa 8

Case Type (Olmstead e or Related f): Olmstead

Reference (on the Olmstead & Olmstead-related Lawsuits table) : WV23 23

Case Summary & Links to Further Detailsiii:

Summary Class action alleged state failed to provide Medicaid long-term care with reasonable promptness. Case demonstrates eligibility for ICF/MR services extends to HCBS & that states need to show "more than that [it]... has not appropriate enough funding"9.
Progress Settlement. Court ordered state to develop a plan to eliminate waiting lists & make other improvements. State agreed to increase the number of individuals with developmental disabilities who receive HCB waiver services by 875 over a five-year period in 2000. The state also agreed to revise their procedures regarding giving timely notice to applicants for services.

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