Magazine article Developments in Mental Health Law

Settlement Approved of Lawsuit Designed to Supply More Home and Community Based Services for Individuals with Mental Retardation Who Are Eligible for Medicaid but Have Been Placed on Waiting Lists

Magazine article Developments in Mental Health Law

Settlement Approved of Lawsuit Designed to Supply More Home and Community Based Services for Individuals with Mental Retardation Who Are Eligible for Medicaid but Have Been Placed on Waiting Lists

Article excerpt

The settlement of two class action lawsuits that focused on the lack of community services for individuals with mental retardation has been approved by the U.S. District Court for the Middle District of Tennessee. Plaintiffs had alleged that the state did not provide adequate services for individuals with mental retardation who are eligible for Medicaid services and have been placed on a waiting list or could have applied for waiver services but have not. The lawsuits complained about (1) the delay in receiving home and community based services after being placed on the waiting list, (2) the lack of available services, and (3) the lack of adequate information about the home and community based services program. They also complained that potentially eligible individuals were discouraged from applying for services.

Under the approved settlement, the State of Tennessee agreed to enroll nearly 2,000 people in new and existing community based mental retardation services provided by the state through its Medicaid program over the next two years. …

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