On January 31, 2003, a group of disabled individuals who received or were going to receive Medicaid long-term care services in nursing facilities rather than in their own homes filed a lawsuit against the state of Georgia under the Americans with Disabilities Act, 42 U.S.C. §§ 12101-12213, § 504 of the Rehabilitation Act of 1973, 29 U.S.C. § 794(a), Title XIX of the Social Security Act, 42 U.S.C. § 1396-1396v and the Civil Rights Act of 1871, 42 U.S.C. § 1983 in the U.S. District Court for the Northern District of Georgia, Atlanta Division. The plaintiffs, represented by private counsel, asked the Court for declaratory and injunctive relief, alleging that defendants' official practices and policies caused plaintiffs to be unnecessarily segregated in nursing homes. Specifically, the plaintiffs alleged that defendants did not offer appropriate services to plaintiffs in their homes and communities but continue to provide plaintiffs with services only in nursing homes, and that among states with waiver programs, Georgia ranked close to the bottom in the percentage of Medicaid participants being served in community-based programs rather than in institutions.

On August 20, 2004, the plaintiffs moved for class certification. However, on March 21, 2005, the Court (Judge Julie E. Carnes) denied the motion in the light of the settlement negotiations going on between the parties.

According to the website of the plaintiffs' attorney, on June 28, 2006, the parties reached a settlement, whereby Georgia would reduce waiting lists for community-based services and allocate $4.3 million to accommodate 1,000 people in those programs over the next year.

Kunyi Zhang - 02/15/2011


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