Date filed: 19919 Case status: Closed (1994) Primary Target group: Case Type (Olmstead
e or Related
f): Related Reference (on the Olmstead & Olmstead-related Lawsuits table) : CA18 Case Summary & Links to Further Details
iii: Summary Class action (brought by a doctor) challenging that Medicaid eligible people are denied methadone maintenance treatment (MMT) because the county they live in did not have a MMT program. The Appeal Court upheld this stating services should be provided; with ‘reasonable promptness’, evenly across the state, and the scope and duration of treatment should be adequate to address their problems. The judge noted if beneficiaries had to wait different lengths of time for treatment, it constituted discrimination. Further Details [http://www.atforum.com/SiteRoot/pages/current_pastissues/VolIIF94%202.shtml]
Coffelt v. Dept of Developmental Services
Date filed: 1990 Case status: Closed Primary Target group: Case Type (Olmstead
e or Related
f): Related Reference (on the Olmstead & Olmstead-related Lawsuits table) : CA211 Case Summary & Links to Further Details
iii: Summary Case challenging the placement of people with MR/DDa in institutions. The consent decree from the case lead to many people being moved into the community.
Richard S et al v. Dept of Developmental Services
Date filed: 1997 Case status: Closed (2000) Primary Target group: Case Type (Olmstead
e or Related
f): Related Reference (on the Olmstead & Olmstead-related Lawsuits table) : CA32 Case Summary & Links to Further Details
iii: Summary A doctor represented the Plaintiffs, claiming that they should not be discharged to the community because they were in the most integrated setting appropriate. Progress Settlement, including that treating professionals can express an objection to community placement.
Hale Buttercup v. Belshe
Date filed: 1997 Case status: closed Primary Target group: Case Type (Olmstead
e or Related
f): Related Reference (on the Olmstead & Olmstead-related Lawsuits table) : CA42 Case Summary & Links to Further Details
iii: Summary Class action challenging failure to comply with pre-admission screening & annual resident review provision of the Nursing Home Reform Act, improperly imposing caps on mental health rehabilitation & not providing services in the least restrictive setting. Progress Case voluntarily dismissed as appropriate placements were identified for class members.
Emily Q. v. Bonta
Date filed: 1998 Case status: n/aii Primary Target group: Case Type (Olmstead
e or Related
f): Related Reference (on the Olmstead & Olmstead-related Lawsuits table) : CA52,16 Case Summary & Links to Further Details
iii: Summary Case regarding lack of provision of therapeutic behavioral health services to medically needy children receiving EPDST services under Medicaid. Progress Complaint upheld.
Black v. Dept of Mental Health
Date filed: n/aii Case status: Closed (20002) Primary Target group: Case Type (Olmstead
e or Related
f): Related Reference (on the Olmstead & Olmstead-related Lawsuits table) : CA62 Case Summary & Links to Further Details
iii: Summary Case brought by the Administrator of the estate of a person with mental illness, claiming the state violated the ADA by discharging the individual from a private institution to the community. Appeal Court upheld the complaint dismissal, ruling that Olmstead clarified that the ADA does not impose a standard of care on states and does not prohibit inappropriate community discharge. Progress Case dismissed.
California Association of Health Facilities v. State Dept of Health Services
Date filed: n/aii Case status: n/aii Primary Target group: Case Type (Olmstead
e or Related
f): Related Reference (on the Olmstead & Olmstead-related Lawsuits table) : CA73 Case Summary & Links to Further Details
iii:
This case (brought in the Northern District of California) was related to payments for care and services in the state Medicaid Plan. The judge in Sanchez v. Johnson et al (CA8) drew on this case in making a ruling.
Sanchez et al v. Johnson et al
Date filed: May. 2000 Case status: Open Primary Target group: Case Type (Olmstead
e or Related
f): Related Reference (on the Olmstead & Olmstead-related Lawsuits table) : CA83 Case Summary & Links to Further Details
iii: Summary Plaintiffs (including service providers) challenged the disparity between wages for direct support professionals in institutions & in the community11. The Judge decided the trial would only examine the complaint about whether payments are sufficient to provide quality services. Drawing on other cases (e.g. Sabree et al v. Richman, PN6), the court ruled that Medicaid law does not give individually enforceable rights & dismissed the case. Progress. Plaintiffs appeal consolidated with the Clayworth case (CA10) & California Medical Association (CA11). Further details [http://www.sanchezvsjohnson.org/lawsuit.html]
Davis et al.v. California Health and Human Services Agency et al.
Date filed: n/aii Case status: Closed (Dec 20037) Primary Target group: Case Type (Olmstead
e or Related
f): Related Reference (on the Olmstead & Olmstead-related Lawsuits table) : CA103 Case Summary & Links to Further Details
iii: Summary Case brought by Medicaid recipients and a pharmacist providing Medicaid services to prevent California from instituting a 5% rate reduction in Medicaid payments. Progress: Under appeal by state. Appeal consolidated with California Medical Association v. Bonta appeal (CA11).
California Medical Association et al v. Bonta et al
Date filed: n/aii Case status: Closed (Dec 20037) Primary Target group: Case Type (Olmstead
e or Related
f): Related Reference (on the Olmstead & Olmstead-related Lawsuits table) : CA113 Case Summary & Links to Further Details
iii: Summary Case brought by a coalition of organizations representing Medicaid providers and beneficiaries to prevent California from instituting a 5% rate reduction in Medicaid payments. Progress Under appeal by state. Appeal consolidated with Clayworth v. Bonta (CA10). Further details [http://207.41.18.73/caed/DOCUMENTS/Opinions/Levi/03-2110.pdf]
Capitol People First et al v. California Dept of Developmental Services et al.
Date filed: Jan. 2002 Case status: Open Primary Target group: Case Type (Olmstead
e or Related
f): Olmstead Reference (on the Olmstead & Olmstead-related Lawsuits table) : CA122 Case Summary & Links to Further Details
iii: Summary Case (in state court) under state & federal law challenging that the state unnecessarily institutionalizes people & requests changes including that the state offers the full range of Medicaid and state-offered HCBS. Class certification is sought to cover all Californians with MR/DD in, or at risk of placement in, institutions. Progress Ongoing. Further details [http://www.pai-ca.org/BulletinBoard/Index.htm#CPF]
Rodde et al. v. Bonta & County of Los Angeles
Date filed: Mar 20037 Case status: Open7 Primary Target group: Case Type (Olmstead
e or Related
f): Related Reference (on the Olmstead & Olmstead-related Lawsuits table) : CA132,7 Case Summary & Links to Further Details
iii: Summary Case challenging the closure of Rancho Los Amigos Rehabilitation Hospital. Brought by a group of non-profit organizations with the state P&A;, the plaintiffs argue that without this service people with disabilities will not be able to learn to live independently & be forced into nursing homes. Progress Appeal Court upheld preliminary injunction to stop closure. This does not mean the facility cannot close but alternative services should be found before this happens. Further details [http://wlcdr.everybody.org/updates_litigation.htm]
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