Date filed: Oct. 1998 Case status: Closed (Jan 20039) Primary Target group: Case Type (Olmstead
e or Related
f): Olmstead Reference (on the Olmstead & Olmstead-related Lawsuits table) : MA13 Case Summary & Links to Further Details
iii: Summary Class action alleging plaintiffs were denied community placements or 'specialized services' when they opted to stay in a nursing facility. Progress Settlement (includes nursing home residents with MR/DDa are offered community residential services & that community placements are provided for class members). Further details [http://laws.findlaw.com/1st/021697.html] [http://www.bazelon.org/newsroom/2-3-03rolland.htm]
Hermanson et al. v. Commonwealth of Massachusetts et al
Date filed: n/aii Case status: Closed (Feb 2003) Primary Target group: Case Type (Olmstead
e or Related
f): Related Reference (on the Olmstead & Olmstead-related Lawsuits table) : MA23 Case Summary & Links to Further Details
iii: Summary Class action challenging state policy of applying more restrictive financial eligibility criteria to seniors than working age adults with disabilities on the Medicaid PAS program so seniors are at risk of institutionalization. Progress Settlement (State agreed to more liberal financial eligibility criteria for seniors).
Boulet et al. vs. Celluci et al. (formerly Anderson v. Cellucci)
Date filed: Mar. 1999 Case status: Closed (Jul. 20005) Primary Target group: Case Type (Olmstead
e or Related
f): Related Reference (on the Olmstead & Olmstead-related Lawsuits table) : MA33 Case Summary & Links to Further Details
iii: Summary Class action about wait lists for residential services. Court upheld the complaint, directing the state to furnish residential services to class members (people waitlisted for the services, including those receiving waiver services) within 90 days or propose a plan, noting inadequate funding does not excuse failure to provide services with 'reasonable promptness'.6Progress Settlement (State agreed to increase funding & meet the settlement by 2006).
Rosie D. v. Swift
Date filed: 2001 Case status: Open Primary Target group: Case Type (Olmstead
e or Related
f): Olmstead Reference (on the Olmstead & Olmstead-related Lawsuits table) : MA42 Case Summary & Links to Further Details
iii: Summary Class action alleging children with mental illness have been hospitalized or are at risk of institutionalization because of a lack of home based mental health services.
Mendez v. Brown
Date filed: n/aii Case status: Open Primary Target group: Case Type (Olmstead
e or Related
f): Related Reference (on the Olmstead & Olmstead-related Lawsuits table) : MA57 Case Summary & Links to Further Details
iii: Summary 2 clinically obese Medicaid beneficiaries claim that the state Medicaid Agency's denial of breast reduction surgery violates the ADA, Rehabilitation Act & Medicaid law. Progress Court found that Medicaid confers individually enforceable rights & refused to rule that obesity is not considered a disability. Further details [http://www.healthlaw.org/pubs/courtwatch/200402.masscourt.html]
Garcia v. Warring
Date filed: Aug. 2002 Case status: Closed Primary Target group: Case Type (Olmstead
e or Related
f): Related Reference (on the Olmstead & Olmstead-related Lawsuits table) : MA62 Case Summary & Links to Further Details
iii: Summary Case brought by the state P&A; on behalf of a woman diagnosed with psychosis & dementia who only speaks Portugese. All agencies qualified to provide her with PAS (56 hours/week) claim they are unable to as she only responds to her daughter. Progress Court upheld that because she qualified for PAS it would not be a fundamental alteration for the woman's family to be paid to provide services. Further Details [http://www.healthlaw.org/pubs/2002.Garcia.v.Warring.pdf]
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