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Case Name Fisher v. Oklahoma Health Care Authority PB-OK-0002
Docket / Court 4:02-cv-00762 ( N.D. Okla. )
State/Territory Oklahoma
Case Type(s) Disability Rights-Pub. Accom.
Public Benefits / Government Services
Special Collection Olmstead Cases
Attorney Organization Steve Gold
Case Summary
Several individuals with disabilities filed this lawsuit to challenge Oklahoma's proposed reduction in prescription drug coverage under its Home and Community Based Services Medicaid waiver. Each of the plaintiffs has a range of (largely physical) disabilities and would qualify for nursing home ... read more >
Several individuals with disabilities filed this lawsuit to challenge Oklahoma's proposed reduction in prescription drug coverage under its Home and Community Based Services Medicaid waiver. Each of the plaintiffs has a range of (largely physical) disabilities and would qualify for nursing home care, but is able to remain in the community due to services provided via the Medicaid waiver. When the Oklahoma Health Care Authority announced that it would cover a maximum of 5 prescription drugs for those not residing in institutions, but would not limit the prescription drugs available to those residing in institutions, the Plaintiffs filed a complaint on October 1, 2002, in the U.S. District Court for the Northern District of Oklahoma, claiming that this planned reduction violates the Americans with Disabilities Act (ADA) under the Supreme Court precedent Olmstead v. L.C. The Plaintiffs also claimed that the reduction in benefits violated the notice provision of the federal Medicaid Act and the Due Process Clause of the U.S. Constitution.

On November 1, 2002, the District Court (Judge James H. Payne) granted the state's motion for summary judgment. He found that this case was distinguishable from Olmstead because the Plaintiffs were not institutionalized, but were instead alleging a risk of institutionalization. Judge Payne held that the ADA would not apply to such a claim.

The Plaintiffs subsequently filed an appeal with the U.S. Court of Appeals for the Tenth Circuit. In a decision on July 15, 2003, the Court of Appeals (Judge Lucero) reversed the District Court. The Court found that it was not necessary for Plaintiffs to be currently institutionalized in order to bring a claim under the ADA's integration mandate, and nothing in the text of the ADA or in the Olmstead decision would suggest that institutionalization is a prerequisite.

On November 17, 2003, the District Court dismissed the case because the parties had entered into a settlement agreement. Under the settlement, HCBS Waiver participants can have up to 7 generic prescriptions with the option to request more through an authorization process.

Beth Kurtz - 03/31/2013


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Issues and Causes of Action
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Issues
Benefit Source
Medicaid
Constitutional Clause
Due Process
Content of Injunction
Discrimination Prohibition
Preliminary relief granted
Defendant-type
Hospital/Health Department
Jurisdiction-wide
Disability
disability, unspecified
Integrated setting
Least restrictive environment
Discrimination-basis
Disability (inc. reasonable accommodations)
General
Deinstitutionalization/decarceration
Public benefits (includes, e.g., in-state tuition, govt. jobs)
Medical/Mental Health
Medication, administration of
Plaintiff Type
Private Plaintiff
Causes of Action Americans with Disabilities Act (ADA), 42 U.S.C. §§ 12111 et seq.
Title XIX of the Social Security (Medicaid) Act, 42 U.S.C §1396
Defendant(s) Oklahoma Health Care Authority
Plaintiff Description Plaintiffs are individuals with a range of disabilities who live in the community and receive services via a Medicaid waiver program.
Indexed Lawyer Organizations Steve Gold
Class action status sought No
Class action status granted No
Prevailing Party Plaintiff
Public Int. Lawyer Yes
Nature of Relief Injunction / Injunctive-like Settlement
Preliminary injunction / Temp. restraining order
Source of Relief Settlement
Form of Settlement Voluntary Dismissal
Order Duration not on record
Case Closing Year n/a
Case Ongoing No
Docket(s)
4:02-cv-762 (N.D. Okla.) 02/06/2004
PB-OK-0002-9000.pdf | Detail
PACER [Public Access to Court Electronic Records]
General Documents
Complaint 10/01/2002
PB-OK-0002-0008.pdf | Detail
Document Source: PACER [Public Access to Court Electronic Records]
Motion for and Memorandum of Law in Support of Preliminary Injunction 10/03/2002
PB-OK-0002-0002.pdf | Detail
Document Source: PACER [Public Access to Court Electronic Records]
Amended Complaint 10/08/2002
PB-OK-0002-0003.pdf | Detail
Document Source: PACER [Public Access to Court Electronic Records]
Defendants' Motion for Summary Judgment and Brief in Support 10/09/2002
PB-OK-0002-0004.pdf | Detail
Document Source: PACER [Public Access to Court Electronic Records]
Plaintiffs' Memorandum of Law in Opposition to Defendants' Motion to for Summary Judgment 10/16/2002
PB-OK-0002-0005.pdf | Detail
Document Source: PACER [Public Access to Court Electronic Records]
Order 11/01/2002 (N.D. Okla.)
PB-OK-0002-0006.pdf | Detail
Document Source: PACER [Public Access to Court Electronic Records]
Tenth Circuit Opinion 07/15/2003 (335 F.3d 1175)
PB-OK-0002-0001.pdf | WESTLAW| LEXIS | Detail
Document Source: Westlaw
Order Dismissing Action By Reason of Settlement 11/17/2003 (N.D. Okla.)
PB-OK-0002-0007.pdf | Detail
Document Source: PACER [Public Access to Court Electronic Records]
Judges Cleary, Paul J. (N.D. Okla.) [Magistrate]
PB-OK-0002-9000
Lucero, Carlos F. (Tenth Circuit)
PB-OK-0002-0001
Payne, James H. (N.D. Okla., W.D. Okla., E.D. Okla.) [Magistrate]
PB-OK-0002-0006 | PB-OK-0002-0007 | PB-OK-0002-9000
Monitors/Masters None on record
Plaintiff's Lawyers Bernstein, Morris D. (Oklahoma)
PB-OK-0002-0002 | PB-OK-0002-0003 | PB-OK-0002-0005 | PB-OK-0002-0008 | PB-OK-0002-9000
Bullock, Louis Werner (Oklahoma)
PB-OK-0002-9000
Gold, Stephen F. (Pennsylvania)
PB-OK-0002-0002 | PB-OK-0002-0003 | PB-OK-0002-0005 | PB-OK-0002-0008 | PB-OK-0002-9000
Defendant's Lawyers Tevington, Andrew J. (Oklahoma)
PB-OK-0002-0004 | PB-OK-0002-9000
Other Lawyers None on record

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