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Substance Abuse and Mental Health Services Administration
Status Report: Litigation Concerning Home and Community Services for People with Disabilities
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This periodic report tracks the status of lawsuits concerning home and community services for people with disabilities. We caution that the report is not necessarily inclusive of all lawsuits in this arena. The report tracks three broad categories of lawsuits:
• Access to Medicaid Home and Community Services. These lawsuits challenge state policies that prevent people with disabilities from promptly obtaining Medicaid home and community services. Many of these lawsuits involve people with developmental disabilities who have been waitlisted for services. Individuals with other disabilities who want but cannot obtain home and community services also have filed several lawsuits.
• Community Placement of Institutionalized Persons. These lawsuits principally (but not exclusively) have been brought by persons served in publicly-operated institutions who want supports in the community.
• Limitations on Medicaid Home and Community Benefits. These lawsuits challenge state policies that affect the scope and quality of Medicaid services in the community. Some lawsuits concern the adequacy of state payments for community services. Others challenge state restrictions on access to Medicaid benefits.

The following sections discuss the issues that have prompted these lawsuits and the lawsuits are summarized along with their current status. (Author)
Report
2004
Cambridge, MA
503-924-3783