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Oregon advocates sue over state waiting list for services

Oregon's Michael Bailey writes,

Six adults with developmental disabilities, supported by the DD Coalition of Oregon, filed suit in US District Court in January 2000 to attack the state's wait list for services. The suit is based primarily on the Home and Community Based Waiver of Title 19 of the Social Security Act combined with the Olmstead choice argument, the 14th amendment and the ADA.

The suit seeks a temporary and permanent injuncion from the Court requiring either residential services or intensive in-home supports. The defendant is the Governor.

 

 


From The Portland Oregonian
Monday, January 17, 2000
Disabled sue state to force payment of home care
A victory in federal court could provide more help for people who've been on waiting lists for years

By Mark Larabee
"A federal lawsuit filed on behalf of six developmentally disabled and mentally retarded Oregonians aims to force the state to pay for residential and intensive in-home programs as required under the Americans with Disabilities Act. "The suit, filed by the Oregon Advocacy Center and Legal Aid Services of Oregon on Friday in U.S. District Court, names Gov. John Kitzhaber; Gary Weeks, director of the Oregon Department of Human Resources; and the Human Resources Department. . . .

"Although the lawsuit is not a class action, advocates for the disabled said a victory could mean sweeping changes for frustrated families dealing with severely disabled relatives, many of whom have been on waiting lists for more than a decade. . . .

"The Arc of the United States, an advocacy group for the mentally retarded and their families, found that more than 200,000 disabled people are on waiting lists nationwide. . . . "

You can reach reporter Mark Larabee at 503-294-7664 or by e-mail at marklarabee@news. oregonian.com.

 

The lawsuit seeks a temporary and permanent injuncion from the Court requiring either residential services or intensive in-home supports, says Oregon advocate Michael Bailey.

 

 

 

Read about other cases at http://www.protectionandadvocacy.com/waiverdocket.htm

 

 



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