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State Information > Massachusetts Olmstead Decision Information> Massachusetts Olmstead and Olmstead Related Cases

Massachusetts Olmstead and Olmstead Related Cases map of Massachusetts

As of January 2005

The Center for PAS has tracked 6 Olmstead related cases in Massachusetts.

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.

Rolland et al v. Romney et al

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'.6 Progress 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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