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State Information > New York Olmstead Decision Information> New York Olmstead and Olmstead Related Cases

New York Olmstead and Olmstead Related Cases map of New York

As of January 2005

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

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.

Rodriguez v. City of New York

Date filed: n/aii
Case status: Closed (1999)
Primary Target group:
Case Type (Olmstead e or Related f): Related
Reference (on the Olmstead & Olmstead-related Lawsuits table) : NY111
Case Summary & Links to Further Details iii:
Summary Case regarding whether safety monitoring should be provided to individuals with Alzheimer's and cognitive disabilities already in receipt of PAS. Progress Appeal Court overruled the District Court, holding that the state does not have a duty to provide safety monitoring & the complainants had not been discriminated against as the same services are provided to mentally & physically disabled people & safety monitoring is not provided to any group with disabilities.

Sanon v. Wing

Date filed: n/aii
Case status: Closed (Feb 2000)
Primary Target group:
Case Type (Olmstead e or Related f): Related
Reference (on the Olmstead & Olmstead-related Lawsuits table) : NY211, 14
Case Summary & Links to Further Details iii:
Summary Medicaid beneficiaries challenged their referral for nursing facility placement when their home health services were terminated after the state determined these services were no longer cost-effective because they exceeded 90% of the average cost of a nursing facility. Progress Complaint upheld. State failed to show that continuing to provide services would fundamentally alter its program, so the court enjoined them from terminating the services. Court found that the Olmstead ruling can cover people with physical &/or sensory disabilities as much as mental or emotional disabilities.14

Bernard v. Novello

Date filed: 2000
Case status: Closed
Primary Target group:
Case Type (Olmstead e or Related f): Related
Reference (on the Olmstead & Olmstead-related Lawsuits table) : NY32
Case Summary & Links to Further Details iii:
Summary Case (under state & Federal Medicaid law) challenging inadequate personal care & home health aide services. It did not bring ADA claims. Progress Settlement.

Henrietta v. Bloomberg

Date filed: n/aii
Case status: Closed (Apr 20017)
Primary Target group:
Case Type (Olmstead e or Related f): Related
Reference (on the Olmstead & Olmstead-related Lawsuits table) : NY45
Case Summary & Links to Further Details iii:
Summary Court of Appeals ruled it was not a fundamental alteration to order NY to reform its state agency charged with assisting people with HIV to gain access to necessary services. Progress Complaint upheld. Further details [http://laws.findlaw.com/2nd/009238.html]

Disability Advocates, Inc. v. Pataki et al.

Date filed: Jul. 2003
Case status: Open
Primary Target group:
Case Type (Olmstead e or Related f): Olmstead
Reference (on the Olmstead & Olmstead-related Lawsuits table) : NY53
Case Summary & Links to Further Details iii:
Summary Class action (partly prompted by NY Times articles) about service quality & unnecessary institutionalization. It demands the expansion of supported housing & improved conditions in adult homes. The state maintains that the individuals have not been assessed as suitable for community placement & so are not qualified under Olmstead. Progress Ongoing. Further details [http://www.bazelon.org/issues/disabilityrights/nycomplaint/index.htm]

William G et al v. Pataki et al

Date filed: Oct. 2003
Case status: Open
Primary Target group:
Case Type (Olmstead e or Related f): Olmstead
Reference (on the Olmstead & Olmstead-related Lawsuits table) : NY63
Case Summary & Links to Further Details iii:
Summary Class action on behalf of people with mental illness & chemical addiction living in NY city jails alleging they have been discriminated against because other individuals who have chemical addiction but no or minor mental illness are released to community treatment programs more quickly. Progress Ongoing. Further details: [http://www.bazelon.org/newsroom/10-21-03rikers.htm]

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