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Case Name Anderson v. Lake PB-OK-0004
Docket / Court 5:17-cv-01236-HE ( W.D. Okla. )
State/Territory Oklahoma
Case Type(s) Disability Rights-Pub. Accom.
Public Benefits / Government Services
Attorney Organization ACLU Chapters (any)
Case Summary
On November 17, 2017, six people with physical and/or intellectual impairments that relied on ADvantage waivers and/or In-Home Supports waivers to receive health services at their homes, filed this putative class action lawsuit in the U.S. District for the Western District of Oklahoma. The ... read more >
On November 17, 2017, six people with physical and/or intellectual impairments that relied on ADvantage waivers and/or In-Home Supports waivers to receive health services at their homes, filed this putative class action lawsuit in the U.S. District for the Western District of Oklahoma. The plaintiffs sued Oklahoma Health Care Authority (OHCA) and Oklahoma State Department of Human Services (DHS) under the Americans with Disabilities Act (ADA) and the Rehabilitation Act. The plaintiffs, represented by the American Civil Liberties Union (ACLU) and the Oklahoma Disability Law Center, sought injunctive and declaratory relief, claiming violations of the ADA and the Rehabilitation Act. The plaintiffs alleged that OHCA and DHS were planning to cut funding to the waivers that the plaintiffs depended on for home based health care services and put them in danger of forced institutionalization in a nursing home. More specifically, in October 2017, the plaintiffs received notices that their Medicaid ADvantage and In-Home Supports waivers would not be funded after December 1, 2017. This case was assigned to Judge Joe Heaton. On December 6, 2017, the plaintiffs filed an amended complaint.

On February 12, 2018, the defendants moved to dismiss the plaintiffs’ amended complaint. They alleged that the plaintiffs’ claims had become moot because DHS found a way to fully fund the waiver programs. Further, the defendants argued that, because there were no longer any violation of federal law, the plaintiffs were not entitled to injunctive or declaratory relief. Therefore, the amended complaint should be dismissed.

The court agreed and dismissed the plaintiffs’ amended complaint for mootness on March 26, 2018. This case is now closed.

Sean Whetstone - 07/11/2018


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Issues and Causes of Action
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Issues
Benefit Source
Medicaid
Disability
disability, unspecified
Mental impairment
Discrimination-basis
Disability (inc. reasonable accommodations)
General
Housing
Housing assistance
Payment for care
Public benefits (includes, e.g., in-state tuition, govt. jobs)
Medical/Mental Health
Medical care, general
Mental health care, general
Mental Disability
Intellectual/developmental disability, unspecified
Plaintiff Type
Private Plaintiff
Causes of Action Americans with Disabilities Act (ADA), 42 U.S.C. §§ 12111 et seq.
Declaratory Judgment Act, 28 U.S.C. § 2201
Section 504 (Rehabilitation Act), 29 U.S.C. § 701
Defendant(s) Oklahoma Health Care Authority (OHCA)
Oklahoma State Departmenet of Human Services (DHS)
Plaintiff Description Individuals that were recipients of ADvantage waivers and In-Home Support waivers and whose services were set to be eliminated by Oklahoma Health Care Authority and Oklahoma State Department of Human Services.
Indexed Lawyer Organizations ACLU Chapters (any)
Class action status sought Yes
Class action status granted No
Filed Pro Se No
Prevailing Party Defendant
Public Int. Lawyer Yes
Nature of Relief None
Source of Relief Litigation
Form of Settlement Conditional Dismissal
Filing Year 2017
Case Closing Year 2018
Case Ongoing No
Docket(s)
5:17-cv-01236-HE (W.D. Okla.)
PB-OK-0004-9000.pdf | Detail
Date: 03/26/2018
Source: PACER [Public Access to Court Electronic Records]
General Documents
Class Action Complaint [ECF# 1]
PB-OK-0004-0002.pdf | Detail
Date: 11/17/2017
Source: PACER [Public Access to Court Electronic Records]
First Amended Class Action Complaint [ECF# 6]
PB-OK-0004-0001.pdf | Detail
Date: 12/06/2017
Source: PACER [Public Access to Court Electronic Records]
Order [ECF# 17] (W.D. Okla.)
PB-OK-0004-0003.pdf | Detail
Date: 03/26/2018
Source: PACER [Public Access to Court Electronic Records]
Judges Heaton, Joe L. (W.D. Okla.)
PB-OK-0004-0003 | PB-OK-0004-9000
Plaintiff's Lawyers Gioletti, Amy N. (Oklahoma)
PB-OK-0004-9000
Henderson, Brady Ross (Oklahoma)
PB-OK-0004-0001 | PB-OK-0004-0002 | PB-OK-0004-9000
Taylor, Gary A. (Oklahoma)
PB-OK-0004-0001 | PB-OK-0004-0002 | PB-OK-0004-9000
Turner, Joy J (Oklahoma)
PB-OK-0004-9000
Defendant's Lawyers Smith, Travis C (Oklahoma)
PB-OK-0004-9000
Young, Joseph H. (Oklahoma)
PB-OK-0004-9000

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