The Clearinghouse has managed to acquire only limited documents and information about this case.

In 1999, Plaintiffs filed a class action lawsuit in Michigan state court against the Michigan Department of Community Health (DCH) and its officials . The suit was filed on behalf of a class of Medicaid recipients confined to Michigan nursing facilities whose screening had identified them as not needing nursing services, though they did require mental health or other specialized services. Using 42 U.S.C. § 1983 as the basis for their cause of action, they alleged their confinement was in violation of the Nursing Home Reform Act of 1987, the Americans with Disabilities Act, and state law.

The plaintiffs sought injunctive relief, in order to be provided with care in the most integrated setting, i.e. in community-integrated living arrangements such as private homes or group homes, rather than in nursing homes where they would effectively be segregated from the rest of the population. They also sought attorneys' fees and costs.

The State sought to have the case removed to federal court on the grounds that it involved questions of federal law. This motion was granted on September 15, 1999, and the case was transferred to the U.S. District Court for the Western District of Michigan.

On December 6, 1999, the state moved to have the case dismissed. The Court denied this motion on May 1, 2000. The parties reached a settlement on November 13, 2001. The Clearinghouse does not have a copy of this settlement, but according to the PAS Center website, in the settlement Michigan agreed to "assure the appropriate [and] timely community placement of individuals determined to not require nursing facility care." The case appears to be closed.

Alex Colbert-Taylor - 06/28/2013


compress summary