Fw: Arc and Quinn v Colbert Settlement Details

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Arc and Quinn v Colbert Settlement DetailsFYI

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Ellen Garber Bronfeld

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Arc and Quinn v Colbert Settlement Details

The Arc of Illinois issues of the day from the desk of Tony

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The Arc of Illinois

The Arc of Illinois is a state chapter of The Arc

of the United States. The Arc of Illinois is committed to empowering persons

with disabilities to achieve full participation in community life through

informed choices.

Leaders in The Arc:

The following is from Barry , Legal Advocacy

Director, Equip for Equality.

“A proposed Consent Decree has been reached in

Colbert v. Quinn, a community integration class action brought on behalf of

people with physical disabilities and/or mental illness living in nursing homes

in Cook County. It is estimated that there are approximately 20,000 class

members. The judge has granted preliminary approval and the Fairness Hearing is

scheduled for December 20th.

Access Living, in conjunction with pro bono

counsel from SNR Denton, serves as lead counsel in this case. The ACLU of IL,

Equip for Equality and Steve Gold are also co-counsel on the case. Click here

to review a copy of the proposed Consent Decree, and the Cobert Fact Sheet.

As you may recall, this is the third of three

community integration class actions filed by Access Living , the ACLU and Equip

for Equality.â€

Tony auski

The Arc of Illinois

815-464-1832

Colbert v. QuinnFact Sheet

Overview

In Olmstead v. L.C. (1999), the Supreme Court held

that unnecessary institutionalization of people with disabilities is

discrimination under the Americans with Disabilities Act (ADA). People with

disabilities are entitled to receive services in the most integrated setting

appropriate to their needs.

Colbert v. Quinnis an ADA lawsuit filed in 2007 by

people with disabilities (plaintiffs) who reside in Cook County nursing

facilities and who want to receive community services. The Judge certified the

case as a class action, so the case could move forward on behalf of the

approximately 20,000 Medicaid-eligible people living in Cook County nursing

facilities. The parties reached an agreement and filed a proposed consent

decree with the court. The Judge will set a schedule for comments on the

agreement and will address those comments in a Fairness Hearing. If the Judge

enters the consent decree, the historic agreement would reflect a momentous

change in state policy for serving people with physical disabilities and mental

illness who reside in nursing facilities.

If approved by the judge, the consent decree will:

· In accordance with Olmstead, provide

class members with the opportunity to receive services in the least restrictive

environment that is appropriate to their needs.

· In the first 30 months, provide housing

assistance that will permit more than 1,000 class members currently living in

nursing facilities to move into housing in the community who otherwise would not

be able to do so.

· Assure that people who desire to remain

in nursing facilities will be able to do so.

· Require the State to develop a plan to

transition other nursing facility residents into less restrictive and less

costly community-based settings.

· Develop community-based services and

housing for class members moving out of nursing facilities.

· Require the appointment of an Independent

Monitor with expertise in the development and provision of community-based

services to persons with mental illness and physical disabilities.

Questions?

If you have questions about the proposed agreement

or how to file comments with the Judge please contact Patti Werner at

312/640-2148 or at pwerner@...

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