Recent Legal Cases
Proposed class-action settlement in Access Now, Inc. et al. v. AMH CGH, Inc
Proposed class-action settlement in Access Now, Inc. et al. v. AMH CGH, Inc. et al., Case No. 98-3004-CIV-GOLD/SIMONTON in the United States District Court for the Southern District of Florida. The proposed settlement addresses the physical and communication access barriers found at these facilities. Members of the class are all individuals with any type of disability who have or will require access to those facilities. Written objections to the settlement must be made on or before August 4, 2010. In-person objections must be made at the August 6, 2010 hearing. For more information, please contact the attorney(s) named in the notices.
Summary Notice - Houston
Summary Notice - Coastal
Summary Notice - East
Summary Notice - Centennial
Texas is Sued Over Lack of Community Services for People with Disbilities.
The Arc of Texas and Advocacy, Inc. have filed a class action lawsuit in United States federal court against the state Health and Human Services and Mental Health and Mental Retardation agencies. It alleges Texas is violating federal laws that guarantee people with mental retardation and other developmental disabilities access to Medicaid-funded services in the community. Plaintiffs include individuals living in the community without needed services and individuals living in six-to-thirteen bed ICF/MRs who are unable to leave the institution without these services. The state has no plan to provide waiver services to these individuals. Many have been on waiting lists for seven years or longer.
The class members include more than 18,000 people with mental retardation on an ever increasing waiting lists for the Medicaid-funded Home and Community-Based Services (HCS) program operated by the Texas Department of Mental Health and Mental Retardation and over 7,000 Texans with other developmental disabilities who are waiting to receive similar services from the Texas Department of Human Services through the Community Living Assistance and Support Services (CLASS) program.
The lawsuit was filed last fall in the United States District Court for the Eastern District of Texas, Beaumont Division. The court is considering preliminary motions and briefs.
Read the Settlement Agreement Affecting Texas Medicaid Beneficiaries Under the Age of 21.(en español)