Plaintiffs, individuals with developmental disabilities who are housed in state-run psychiatric institutions in Pennsylvania, filed this lawsuit claiming that Pennsylvania has failed to provide community-based treatment and habilitation services that would prevent them from being institutionalized. Some of the Plaintiffs had diagnosed psychiatric disorders, while others were individuals with disabilities who claimed to be housed in psychiatric facilities even though they had no mental illness. Plaintiffs filed their complaint in the U.S. District Court for the Middle District of Pennsylvania on June 11, 2009, alleging that the PA Department of Public Welfare is in violation of the Americans with Disabilities Act, Section 504 of the Rehabilitation Act, and the Due Process Clause of the 14th Amendment to the U.S. Constitution.

The Defendants filed a Motion to Dismiss on September 17, 2009. The court (Judge Thomas I. Vanaskie) denied this motion on November 19, 2009.

On July 30, 2010, the parties entered their consent agreement, which was approved by the court (Judge Christopher C. Conner) on September 2, 2010. The state agreed to assess each Plaintiff for his eligibility for Medicaid waiver services and develop individualized assessment plans. DPW agreed to establish a review committee to determine which institutionalized individuals are eligible for release into the community. Pennsylvania will provide additional funding for additional services both in institutions and in the community. There are also reporting requirements.

Beth Kurtz - 02/08/2013


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