Date filed: n/aii Case status: Closed (Feb 1994) Primary Target group: Case Type (Olmstead
e or Related
f): Related Reference (on the Olmstead & Olmstead-related Lawsuits table) : WA117 Case Summary & Links to Further Details
iii: Summary Case found that the exclusion of people with mental disabilities from eligibility for Medicaid personal care services violates the ADA20.
Allen et al. v. Washington State Hospital
Date filed: 1999 Case status: Closed (1999) Primary Target group: Case Type (Olmstead
e or Related
f): Olmstead Reference (on the Olmstead & Olmstead-related Lawsuits table) : WA22 Case Summary & Links to Further Details
iii: Summary Class action regarding patients in a state psychiatric hospital who have been denied opportunities for discharge. The Court order requires a new system of services for people with mental illness &/or MR/DDa.
The Arc of Washington et al v. Lyle Quasim et al
Date filed: Nov. 1999 Case status: Open Primary Target group: Case Type (Olmstead
e or Related
f): Related Reference (on the Olmstead & Olmstead-related Lawsuits table) : WA33 Case Summary & Links to Further Details
iii: Summary Case regarding wait lists & lack of access to additional services for Medicaid recipients. The Court ruled that the ADA cannot be the basis for ordering a state to increase the number of individuals receiving HCBSa because it would constitute a fundamental alteration. Parties reached a settlement but the Court rejected it. Progress Settlement negotiations underway following rejection of appeal. Further details [http://www.arcwa.org]
Date filed: 2000 Case status: Closed (Jun 2004) Primary Target group: Case Type (Olmstead
e or Related
f): Olmstead Reference (on the Olmstead & Olmstead-related Lawsuits table) : WA43 Case Summary & Links to Further Details
iii: Summary Case challenges eligibility limits for the HCBSc waiver. "Medically needy" individuals (who have higher incomes) are not eligible to participate but are eligible for nursing facility services. The plaintiff is elderly with multiple impairments5 & an increase in income meant he changed status to "medically needy" & was at risk of institutionalization. Court found the state was exercising its prerogative to limit services. Appeal Court reversed this, ruling the policy would result in needless segregation. Progress Settlement. State secured a new HCBSc waiver for the medically needy. Further Details [http://caselaw.findlaw.com/data2/circs/9th/0135689P.pdf]
Rust v. Washington State Hospital
Date filed: 2000 Case status: Closed (2001) Primary Target group: Case Type (Olmstead
e or Related
f): Related Reference (on the Olmstead & Olmstead-related Lawsuits table) : WA52 Case Summary & Links to Further Details
iii: Summary Class action regarding the treatment & conditions of care for patients receiving forensic services in a state hospital. Progress Court ordered state to ensure patients receive improved treatment & in the most integrated setting possible.
Boyle v. Braddock
Date filed: Dec. 2001 Case status: Open Primary Target group: Case Type (Olmstead
e or Related
f): Related Reference (on the Olmstead & Olmstead-related Lawsuits table) : WA63 Case Summary & Links to Further Details
iii: Summary Case about failure to provide or make full range of services available on HCBSc waiver. Class certification denied & case dismissed as the issues should be dealt with by state administrative procedures. Progress Case has been consolidated with Arc of Washington (WA3) for appeal.
Marr et al v. Eastern State Hospital et al.
Date filed: 2001 Case status: Closed (Nov 2002) Primary Target group: Case Type (Olmstead
e or Related
f): Related Reference (on the Olmstead & Olmstead-related Lawsuits table) : WA72 Case Summary & Links to Further Details
iii: Summary Class action challenging inadequate services in state hospital & lack of community support for residents. Progress Settlement.
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