Settlement of the Waiting List Lawsuit: McCarthy v. Hawkins

[Guest guest]

Settlement of the Waiting List Lawsuit: McCarthy v. Hawkins

The Arc of Texas and Advocacy, Inc. announce the settlement of the four year

old McCarthy v. Hawkins waiting list lawsuit. This litigation was originally

filed in federal district court in late 2002 against the Commissioners of

the Texas Health and Human Services Commission (HHSC) as well as the

Departments of Mental Health and Mental Retardation (TDMHMR) and Human

Services (DHS), now consolidated into the Department of Aging and Disability

Services (DADS). McCarthy sought to bring relief to the thousands of

individuals with mental retardation and developmental disabilities on

waiting lists for community-based services. When the lawsuit was filed in

2002, more than 15,000 individuals were on waiting lists for the Home and

Community-based Services (HCS) and Community Living Assistance and Support

Services (CLASS) programs. As of last spring that number had grown to more

than 40,000.

The McCarthy case used legal arguments based on the Americans with

Disabilities Act (ADA) and the Supreme Court's Olmstead decision in an

attempt to compel the State to take immediate and affirmative action to

address the needs of individuals on the waiting lists.

On August 4, 2006, a Settlement Agreement was reached with state officials

which includes the following provisions:

.. The seven individual named plaintiffs who have not as yet received

services will be offered a waiver slot.

.. Within 12 months the State will initiate an informal assessment of

individuals requesting HCS and/or CLASS services and who are subsequently

placed on a waiting list. The assessment will obtain information about the

functional status and diagnosis of the individual, ensure that the

individual is presented information about all services for which he/she

might be available and facilitate placement of the individual on the correct

waiting lists(s). The aggregation of such information will also be valuable

to the state in developing trend and need data that can inform the

development of public policy in the future.

Recognizing that personal circumstances may change over time, the informal

assessment will not address financial eligibility for Medicaid services or

provide full information about the individual's functional need. It will not

be used to determine eligibility for any specific service and is not subject

to administrative review.

.. For the next three (3) biennial legislative sessions (the 80th, 81st, and

82nd), HHSC will include in its Legislative Appropriations Request (LAR) a

request for sufficient funding to:

(1) offset the estimated increase in the number of persons listed on the HCS

and CLASS waiver waiting lists during the preceding biennium. (Note:

approximately 3,000 individuals have been added to the HCS waiting list

alone in each of the past two biennia)

(2) achieve a five percent (5%) to ten percent (10%) reduction in the number

of persons listed on the HCS and CLASS waiver waiting lists each year.

(Note: a 5% reduction in the HCS waiting list alone approximates 2,900

individuals per biennium)

However, the agreement does not require the HHSC to request funding to

reduce the two overall waiting lists, including estimated growth, by more

than 20% each biennium.

It must be noted that the Court is not constitutionally able to compel the

Legislature to approve these funding requests. It may only direct the agency

to take certain action and then hold it accountable. Advocates must continue

their efforts to secure legislative funding to fully implement the

Settlement Agreement.

However, the inclusion of such significant budget requests in the HHSC

Legislative Appropriations Request gives evidence to the Legislature of the

reality and immediacy of the need, the ability of the provider system, with

necessary augmentation, to adapt to program expansion and the ability of the

HHSC and DADS agency structures to oversee and implement the approved

service expansion. Such provides powerful ammunition for advocates

approaching the legislature for funding of the HHSC request.

In 2005, under pressure by the McCarthy lawsuit, the 79th Legislature funded

more than 2,800 new HCS slots and 1,600 new CLASS slots. Such represents

more than $100 million in new service funding for Texans who had been on the

HCS and CLASS waiting lists the longest.

While the Court will not continue a formal and ongoing oversight role, we do

have the opportunity through state law to address any failures by the State

to implement the provisions of this Settlement.

The Arc and Advocacy, Inc. believe that the Settlement Agreement provides

the first six year installment of what could be a long term effort by the

State to meet the needs of people on the HCS and CLASS waiting lists. As a

result of McCarthy, thousands have already received waiver services. We

believe that HHSC is committed to ensuring that additional thousands will

receive services over the next six years.

Caveat: Although the agreement has been reached with the State, there remain

a couple of procedural issues that must be completed before the court

finally authorizes the settlement. A full press release will be distributed

to all media following the completion of those details. Feel free to

distribute this announcement to members, families and friends. But please

wait for the formal press release and related material before discussing the

settlement with media representatives.

The Arc of Texas wishes to thank all those who have supported this important

case for the last four years. Your generous financial contributions and

other support of McCarthy have brought hope to thousands who have waited for

far too long.

If you no longer wish to receive e-mail from us, please click here

<http://capwiz.com/thearc/lmx/u/?jobid=74791442 & queueid=865334681> .

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[Guest guest]

Settlement of the Waiting List Lawsuit: McCarthy v. Hawkins

Settlement of the Waiting List Lawsuit: McCarthy v. Hawkins

Settlement of the Waiting List Lawsuit: McCarthy v. Hawkins

The Arc of Texas and Advocacy, Inc. announce the settlement of the four

year old McCarthy v. Hawkins waiting list lawsuit. This litigation was

originally filed in federal district court in late 2002 against the

Commissioners of the Texas Health and Human Services Commission (HHSC) as well

as the Departments of Mental Health and Mental Retardation (TDMHMR) and Human

Services (DHS), now consolidated into the Department of Aging and Disability

Services (DADS). McCarthy sought to bring relief to the thousands of individuals

with mental retardation and developmental disabilities on waiting lists for

community-based services. When the lawsuit was filed in 2002, more than 15,000

individuals were on waiting lists for the Home and Community-based Services

(HCS) and Community Living Assistance and Support Services (CLASS) programs. As

of last spring that number had grown to more than 40,000.

The McCarthy case used legal arguments based on the Americans with

Disabilities Act (ADA) and the Supreme Court's Olmstead decision in an attempt

to compel the State to take immediate and affirmative action to address the

needs of individuals on the waiting lists.

On August 4, 2006, a Settlement Agreement was reached with state officials

which includes the following provisions:

. The seven individual named plaintiffs who have not as yet received

services will be offered a waiver slot.

. Within 12 months the State will initiate an informal assessment of

individuals requesting HCS and/or CLASS services and who are subsequently placed

on a waiting list. The assessment will obtain information about the functional

status and diagnosis of the individual, ensure that the individual is presented

information about all services for which he/she might be available and

facilitate placement of the individual on the correct waiting lists(s). The

aggregation of such information will also be valuable to the state in developing

trend and need data that can inform the development of public policy in the

future.

Recognizing that personal circumstances may change over time, the informal

assessment will not address financial eligibility for Medicaid services or

provide full information about the individual's functional need. It will not be

used to determine eligibility for any specific service and is not subject to

administrative review.

. For the next three (3) biennial legislative sessions (the 80th, 81st,

and 82nd), HHSC will include in its Legislative Appropriations Request (LAR) a

request for sufficient funding to:

(1) offset the estimated increase in the number of persons listed on the

HCS and CLASS waiver waiting lists during the preceding biennium. (Note:

approximately 3,000 individuals have been added to the HCS waiting list alone in

each of the past two biennia)

(2) achieve a five percent (5%) to ten percent (10%) reduction in the

number of persons listed on the HCS and CLASS waiver waiting lists each year.

(Note: a 5% reduction in the HCS waiting list alone approximates 2,900

individuals per biennium)

However, the agreement does not require the HHSC to request funding to

reduce the two overall waiting lists, including estimated growth, by more than

20% each biennium.

It must be noted that the Court is not constitutionally able to compel the

Legislature to approve these funding requests. It may only direct the agency to

take certain action and then hold it accountable. Advocates must continue their

efforts to secure legislative funding to fully implement the Settlement

Agreement.

However, the inclusion of such significant budget requests in the HHSC

Legislative Appropriations Request gives evidence to the Legislature of the

reality and immediacy of the need, the ability of the provider system, with

necessary augmentation, to adapt to program expansion and the ability of the

HHSC and DADS agency structures to oversee and implement the approved service

expansion. Such provides powerful ammunition for advocates approaching the

legislature for funding of the HHSC request.

In 2005, under pressure by the McCarthy lawsuit, the 79th Legislature

funded more than 2,800 new HCS slots and 1,600 new CLASS slots. Such represents

more than $100 million in new service funding for Texans who had been on the HCS

and CLASS waiting lists the longest.

While the Court will not continue a formal and ongoing oversight role, we

do have the opportunity through state law to address any failures by the State

to implement the provisions of this Settlement.

The Arc and Advocacy, Inc. believe that the Settlement Agreement provides

the first six year installment of what could be a long term effort by the State

to meet the needs of people on the HCS and CLASS waiting lists. As a result of

McCarthy, thousands have already received waiver services. We believe that HHSC

is committed to ensuring that additional thousands will receive services over

the next six years.

Caveat: Although the agreement has been reached with the State, there

remain a couple of procedural issues that must be completed before the court

finally authorizes the settlement. A full press release will be distributed to

all media following the completion of those details. Feel free to distribute

this announcement to members, families and friends. But please wait for the

formal press release and related material before discussing the settlement with

media representatives.

The Arc of Texas wishes to thank all those who have supported this

important case for the last four years. Your generous financial contributions

and other support of McCarthy have brought hope to thousands who have waited for

far too long.

If you no longer wish to receive e-mail from us, please click here.

[Guest guest]

Pate wrote: Subject: Settlement of the

Waiting List Lawsuit: McCarthy v. Hawkins

To: " Candis Firchau "

Date: Mon, 11 Sep 2006 13:58:57 -0400 (EDT)

Settlement of the Waiting List Lawsuit: McCarthy v. Hawkins The Arc of Texas

and Advocacy, Inc. announce the settlement of the four year old McCarthy v.

Hawkins waiting list lawsuit. This litigation was originally filed in federal

district court in late 2002 against the Commissioners of the Texas Health and

Human Services Commission (HHSC) as well as the Departments of Mental Health and

Mental Retardation (TDMHMR) and Human Services (DHS), now consolidated into the

Department of Aging and Disability Services (DADS). McCarthy sought to bring

relief to the thousands of individuals with mental retardation and developmental

disabilities on waiting lists for community-based services. When the lawsuit was

filed in 2002, more than 15,000 individuals were on waiting lists for the Home

and Community-based Services (HCS) and Community Living Assistance and Support

Services (CLASS) programs. As of last spring that number had grown to more than

40,000.

The McCarthy case used legal arguments based on the Americans with

Disabilities Act (ADA) and the Supreme Court’s Olmstead decision in an attempt

to compel the State to take immediate and affirmative action to address the

needs of individuals on the waiting lists.

On August 4, 2006, a Settlement Agreement was reached with state officials

which includes the following provisions:

• The seven individual named plaintiffs who have not as yet received services

will be offered a waiver slot.

• Within 12 months the State will initiate an informal assessment of

individuals requesting HCS and/or CLASS services and who are subsequently placed

on a waiting list. The assessment will obtain information about the functional

status and diagnosis of the individual, ensure that the individual is presented

information about all services for which he/she might be available and

facilitate placement of the individual on the correct waiting lists(s). The

aggregation of such information will also be valuable to the state in developing

trend and need data that can inform the development of public policy in the

future.

Recognizing that personal circumstances may change over time, the informal

assessment will not address financial eligibility for Medicaid services or

provide full information about the individual’s functional need. It will not be

used to determine eligibility for any specific service and is not subject to

administrative review.

• For the next three (3) biennial legislative sessions (the 80th, 81st, and

82nd), HHSC will include in its Legislative Appropriations Request (LAR) a

request for sufficient funding to:

(1) offset the estimated increase in the number of persons listed on the HCS

and CLASS waiver waiting lists during the preceding biennium. (Note:

approximately 3,000 individuals have been added to the HCS waiting list alone in

each of the past two biennia)

(2) achieve a five percent (5%) to ten percent (10%) reduction in the number of

persons listed on the HCS and CLASS waiver waiting lists each year. (Note: a 5%

reduction in the HCS waiting list alone approximates 2,900 individuals per

biennium)

However, the agreement does not require the HHSC to request funding to reduce

the two overall waiting lists, including estimated growth, by more than 20% each

biennium.

It must be noted that the Court is not constitutionally able to compel the

Legislature to approve these funding requests. It may only direct the agency to

take certain action and then hold it accountable. Advocates must continue their

efforts to secure legislative funding to fully implement the Settlement

Agreement.

However, the inclusion of such significant budget requests in the HHSC

Legislative Appropriations Request gives evidence to the Legislature of the

reality and immediacy of the need, the ability of the provider system, with

necessary augmentation, to adapt to program expansion and the ability of the

HHSC and DADS agency structures to oversee and implement the approved service

expansion. Such provides powerful ammunition for advocates approaching the

legislature for funding of the HHSC request.

In 2005, under pressure by the McCarthy lawsuit, the 79th Legislature funded

more than 2,800 new HCS slots and 1,600 new CLASS slots. Such represents more

than $100 million in new service funding for Texans who had been on the HCS and

CLASS waiting lists the longest.

While the Court will not continue a formal and ongoing oversight role, we do

have the opportunity through state law to address any failures by the State to

implement the provisions of this Settlement.

The Arc and Advocacy, Inc. believe that the Settlement Agreement provides the

first six year installment of what could be a long term effort by the State to

meet the needs of people on the HCS and CLASS waiting lists. As a result of

McCarthy, thousands have already received waiver services. We believe that HHSC

is committed to ensuring that additional thousands will receive services over

the next six years.

Caveat: Although the agreement has been reached with the State, there remain a

couple of procedural issues that must be completed before the court finally

authorizes the settlement. A full press release will be distributed to all media

following the completion of those details. Feel free to distribute this

announcement to members, families and friends. But please wait for the formal

press release and related material before discussing the settlement with media

representatives.

The Arc of Texas wishes to thank all those who have supported this important

case for the last four years. Your generous financial contributions and other

support of McCarthy have brought hope to thousands who have waited for far too

long.

If you no longer wish to receive e-mail from us, please click here.