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Medicaid program caps questioned in Florida

Thursday, December 23, 2010Florida fails to provide community based services for Medicaid-eligible individuals with spinal cord injuries at risk of institutionalization, according to a lawsuit filed in August in the U.S. District Court for the Southern District of Florida. Under Florida law, the…

Woman sues for potential unnecessary institutionalization

Thursday, December 23, 2010A Medicaid-eligible woman with spinal cord injuries is challenging a Florida requirement that she enter a nursing home for 60 days before receiving community-based services. On June 9, the U.S. District Court for the Middle District of Florida granted a…

Justice Department sues Arkansas for lack of Olmstead enforcement

Thursday, December 23, 2010The Justice Department has filed two lawsuits against the state of Arkansas for its treatment and segregation of people with disabilities in institutions. In January 2009, the Justice Department filed a lawsuit against the Conway Human Development Center, which holds…

Class action lawsuit filed by DC disability services

Thursday, December 23, 2010University Legal Services filed a class action lawsuit against the District of Columbia Dec. 23 for failure to provide a mechanism for people with disabilities to transition from large nursing facilities to community-based homes. “(The district) provide few opportunities, if…

Missouri services restrictions challenged

Thursday, December 23, 2010Four Missouri residents with disabilities are at risk of institutionalization because they have “aged out” of a state program providing home-based services. As a result, the individuals, whose disabilities include cerebral palsy, multiple sclerosis and liver disease, would have had…

Federal judge rejects New York’s deinstitutionalization plan

Thursday, December 23, 2010A March 2010 decision in a New York court ordering the transfer of 4,300 people with disabilities from large institutional adult homes to smaller supported housing units is under appeal in the U.S. Court of Appeals for the 2nd Circuit.…

Disability rights group stands up for individuals at risk of losing essential services

Thursday, December 23, 2010Disability Rights North Carolina filed a lawsuit against the state of North Carolina in February 2010 on behalf of two individuals with developmental disabilities who risk institutionalization if proposed cuts to home-based services are implemented. The two plaintiffs, both of…

Lawsuit challenges planned North Carolina budget changes

Thursday, December 23, 2010DisAbility Rights of North Carolina is seeking to block North Carolina from making major cuts to its community-based services. The lawsuit is on behalf of two individuals whom would be forced to live in institutional settings after living in regular…

DOJ looking into Utah’s system for providing home care

Thursday, December 23, 2010The Department of Justice recently confirmed it is investigating Utah’s system for providing home and community based medical services, as well as a policy requiring individuals with disabilities to spend 90 days in a nursing home prior to receiving these…

California Protection and Advocacy takes on Sacramento plan for people with disabilities

Thursday, December 23, 2010DisAbility Rights California filed a class action lawsuit against Sacramento County in May, protesting a plan to chop programs that provide services to an estimated 5,000 people with mental illnesses. The county’s plan, originally planned to go into effect July…

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