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Case Name Van Meter v. Mayhew PB-ME-0002
Docket / Court 1:09-cv-00633 ( D. Me. )
State/Territory Maine
Case Type(s) Disability Rights-Pub. Accom.
Nursing Home Conditions
Public Benefits / Government Services
Special Collection Olmstead Cases
Case Summary
On December 18, 2009, plaintiffs, three Medicaid recipients diagnosed with cerebral palsy, filed a lawsuit against the Commissioner of the Maine Department of Health and Human Services in her official capacity (DHHS). The suit was filed in the United States District Court for the District of Maine ... read more >
On December 18, 2009, plaintiffs, three Medicaid recipients diagnosed with cerebral palsy, filed a lawsuit against the Commissioner of the Maine Department of Health and Human Services in her official capacity (DHHS). The suit was filed in the United States District Court for the District of Maine and sought relief under 42 U.S.C. § 1983. The plaintiffs alleged that DHHS had violated the Nursing Home Reform Amendments to the federal Medicaid Act (NHRA), 42 U.S.C. § 1396r(e); Title II of the Americans with Disabilities Act (ADA), 42 U.S.C. § 12131 et seq.; and Section 504 of the Rehabilitation Act (Section 504), 29 U.S.C. § 794. The plaintiffs alleged that DHS had failed to accommodate plaintiffs' disabilities and to provide medically necessary treatment in the most integrated setting possible, as required by the ADA, Section 504, and other federal law, and instead forced them into nursing homes where they were functionally segregated from the outside world.

Plaintiffs claimed that they did not require intensive nursing care, and that with appropriate personal care and assistance, they all would be able to live in independently. In addition, none of the plaintiffs had ever been evaluated for or received individualized services appropriate to their needs during their confinement in the nursing facilities, contrary to the NHRA. Plaintiffs sought preliminary and permanent injunctive relief and declaratory relief, seeking to be placed in integrated, community settings such as their own apartments or houses, or small group homes located in the general community, or, if it was determined that their medical conditions were severe enough that they actually required treatment in nursing facilities, that they receive the personalized care required by the NHRA. They also sought litigation costs and reasonable attorneys' fees.

On August 10, 2010, plaintiffs' filed a motion for leave to file an amended complaint, seeking to make the suit a class action. On August 11, 2010, the Court granted the motion, and plaintiffs filed an amended complaint immediately, defining the putative class as "[all] Maine residents who currently are or in the future will be: (1) eligible for and enrolled in [the State's Medicaid program], (2) age 21 or older, (3) have [cerebral palsy, epilepsy, or a condition closely related to mental retardation as defined by federal regulation 42 C.F.R. § 435.1010, not including mental illness, autism, Alzheimer's, or dementia], and (4) who are or should be screened for admission to nursing facilities pursuant 42. U.S.C. § 1396r(e)(7) and 42 C.F.R. §§ 483.112 et seq.2." According to the amended complaint, more than 48 individuals had been identified as meeting this definition. On January 31, 2011, the Court (Judge John A. Woodcock, Jr.) granted the Plaintiffs' motion to certify the class. Van Meter v. Harvey, 272 F.R.D. 274 (D. Me. 2011). The amended complaint sought injunctions requiring that all class members be promptly screened and provided with personalized services as required by the NHRA, and also screened for eligibility for community-based services, and, where appropriate, transferred from nursing homes to community settings. They continued to seek declaratory relief and costs, as well.

The parties began settlement discussions shortly thereafter. On August 25, 2011, the parties filed a joint motion seeking approval of their settlement, and a fairness hearing was held on April 24, 2012. On May 2, 2012, the Court (Judge Nancy Torresen) approved the settlement, dismissing the case with prejudice, retaining the level of jurisdiction required to enforce its terms for three years from the effective date of the settlement.

The settlement agreement required the DHS to establish a Medicaid Home and Community Based Waiver (HCBW) program, which would provide a limited number of qualifying class-members the opportunity to live in community-based settings, providing them with "home supports; community supports; employment specialist services; work supports; home accessibility adaptations; communication aids; transportation services; assistive technology; consultation services and assessments; counseling and crisis services; maintenance occupational, physical and speech therapy; [and] case management and specialized medical equipment to the extent that those services are subject to federal financial participation under the Medicaid program." DHS would allow fifteen class members to opt into the HCBW program in the first year, and add an additional ten spaces in the program each year, until the program reached its maximum size of 75 class members. The settlement indicated that the parties would prefer that the HCBW program be established as soon as possible, but acknowledged that the federal government might require the DHS first establish Intermediate Care Facilities for Other Related Conditions (ICFs-ORC) before accepting its proposal for an HCBW. The parties agreed that if ICFs-ORC were determined to be necessary, the parties would return enter mediation to determine an appropriate extension of the court's jurisdiction over the case.

DHS also agreed to provide the Preadmission Screening and Annual Resident Review (PASARR) and personalized care required by the NHRA.

It appears both parties bore their own costs.

On July 16, 2013, the plaintiffs' filed a motion for mediation, seeking the Court's assistance resolving disputes relating to the PASARR program. They argued that mediation was necessary because the parties had failed to agree on a corrective plan for implementing PASARR within the 150 day window provided by the settlement. At the time of this writing, August, 2013, this motion is pending before the Court.

Alex Colbert-Taylor - 08/06/2013

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Issues and Causes of Action
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Benefit Source
Content of Injunction
Reasonable Accommodation
Hospital/Health Department
disability, unspecified
Integrated setting
Least restrictive environment
Mobility impairment
Disability (inc. reasonable accommodations)
Commitment procedure
Disparate Treatment
Government Services (specify)
Habilitation (training/treatment)
Individualized planning
Public benefits (includes, e.g., in-state tuition, govt. jobs)
Reassessment and care planning
Medical/Mental Health
Medical care, general
Mental Disability
Cerebral palsy
Developmental disability without intellectual disability
Plaintiff Type
Private Plaintiff
Causes of Action 42 U.S.C. § 1983
Americans with Disabilities Act (ADA), 42 U.S.C. §§ 12111 et seq.
Nursing Care Reform Act of 1987/ Omnibus Reconciliation Act
Section 504 (Rehabilitation Act), 29 U.S.C. § 701
Defendant(s) Maine Department of Health and Human Services
Plaintiff Description Three young adult residents of Maine, diagnosed with cerebral palsy, who were Medicaid recipients and who were institutionalized in nursing homes, on behalf of those similarly situated.
Indexed Lawyer Organizations None on record
Class action status sought Yes
Class action status granted Yes
Prevailing Party Plaintiff
Public Int. Lawyer Yes
Nature of Relief Injunction / Injunctive-like Settlement
Source of Relief Litigation
Form of Settlement Court Approved Settlement or Consent Decree
Order Duration 2011 - 2014
Case Closing Year n/a
Case Ongoing Yes
Additional Resources
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Case Studies Insurer Must Pay $100.5 Million in Redlining Case
The New York Times
Written: Oct. 27, 1998
By: Joseph B. Treaster
[ Detail ] [ External Link ]

  Nationwide Settles Virginia Redlining Suit
Property Casualty 360
Written: May. 06, 2000
By: Amanda Levin
[ Detail ] [ External Link ]

1:09−cv−00633 (D. Me.) 05/29/2012
PB-ME-0002-9000 PDF | Detail
PACER [Public Access to Court Electronic Records]
General Documents
Complaint 12/18/2009
PB-ME-0002-0002 PDF | Detail
Document Source: PACER [Public Access to Court Electronic Records]
First Amended Class Action Complaint 08/11/2010
PB-ME-0002-0003 PDF | Detail
Document Source: PACER [Public Access to Court Electronic Records]
Order on Plaintiffs' Motion for Class Certification 01/31/2011 (272 F.R.D. 274) (D. Me.)
PB-ME-0002-0004 PDF | WESTLAW| LEXIS | Detail
Document Source: PACER [Public Access to Court Electronic Records]
Plaintiffs' Motion for Preliminary Injunction with Incorporated Memorandum of Law 04/13/2011
PB-ME-0002-0007 PDF | Detail
Document Source: PACER [Public Access to Court Electronic Records]
Settlement Agreement 08/25/2011
PB-ME-0002-0001 PDF | Detail
Opinion and Order on Proposed Settlement 05/02/2012 (D. Me.)
PB-ME-0002-0005 PDF | Detail
Document Source: PACER [Public Access to Court Electronic Records]
Order on Dismissal 05/02/2012 (D. Me.)
PB-ME-0002-0006 PDF | Detail
Document Source: PACER [Public Access to Court Electronic Records]
Judges Kravchuk, Margaret J. (D. Me.) [Magistrate]
Torresen, Nancy (D. Me.)
PB-ME-0002-0005 | PB-ME-0002-0006 | PB-ME-0002-9000
Woodcock, John A. Jr. (D. Me.)
Monitors/Masters None on record
Plaintiff's Lawyers Comart, Jack (Maine)
PB-ME-0002-0002 | PB-ME-0002-0003 | PB-ME-0002-0007 | PB-ME-0002-9000
Converse, Staci K (Maine)
PB-ME-0002-0001 | PB-ME-0002-0002 | PB-ME-0002-0003 | PB-ME-0002-0007 | PB-ME-0002-9000
Ociepka, Sean P (Maine)
PB-ME-0002-0002 | PB-ME-0002-0003 | PB-ME-0002-0007 | PB-ME-0002-9000
Perkins, Martha Jane (North Carolina)
PB-ME-0002-0001 | PB-ME-0002-0002 | PB-ME-0002-0003 | PB-ME-0002-0007 | PB-ME-0002-9000
Rice, Peter M (Maine)
PB-ME-0002-0002 | PB-ME-0002-0003 | PB-ME-0002-0007 | PB-ME-0002-9000
Young, Jeffrey Neil (Maine)
PB-ME-0002-0001 | PB-ME-0002-0003 | PB-ME-0002-0007 | PB-ME-0002-9000
Defendant's Lawyers Barnard, Justin B (Maine)
Fortin, James E (Maine)
PB-ME-0002-0001 | PB-ME-0002-9000
Raquet, Janine A (Maine)
PB-ME-0002-0001 | PB-ME-0002-9000
Other Lawyers None on record

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