Case: Hermanson v. The Commonwealth of Massachusetts

3:00-cv-30156 | U.S. District Court for the District of Massachusetts

Filed Date: Sept. 12, 2000

Closed Date: May 14, 2004

Clearinghouse coding complete

Case Summary

On September 12, 2000 five elderly and disabled individuals filed suit against the Commonwealth of Massachusetts, the Division of Medical Assistance, and the Executive Office of Health and Human Services in the United States District Court for the District of Massachusetts. They alleged that the defendants had violated the Americans with Disabilities Act, 42 U.S.C. § 12111 et seq., the Rehabilitation Act of 1973, 29 U.S.C. § 794 et seq., and the Equal Protection Clause of the Fourteenth Amendm…

On September 12, 2000 five elderly and disabled individuals filed suit against the Commonwealth of Massachusetts, the Division of Medical Assistance, and the Executive Office of Health and Human Services in the United States District Court for the District of Massachusetts. They alleged that the defendants had violated the Americans with Disabilities Act, 42 U.S.C. § 12111 et seq., the Rehabilitation Act of 1973, 29 U.S.C. § 794 et seq., and the Equal Protection Clause of the Fourteenth Amendment. They claimed that the defendants applied more stringent standards consisting of high recurring deductibles to the elderly in computing Medicaid benefits and that this forced elderly patients into nursing homes even though with appropriate care they could be treated within the community as they desired.

Plaintiffs also filed a motion for a temporary restraining order and/or preliminary injunction on September 12, 2000 but these motions were avoided by a series of agreements that addressed the needs of the plaintiffs while the suit was pending. The parties negotiated adjustments to the system while conducting discovery and on December 31, 2001 Massachusetts submitted a State Plan Amendment to Center for Medicare and Medical Services for approval that would enable the state to meet the needs of the plaintiffs. On March 5, 2002 the district court (Judge Michael A. Ponsor) denied plaintiffs motion for class certification without prejudice.

After the amendment to the state plan was approved the defendants proceeded to fully adjust state Medicaid rules to make it easier for the elderly to receive benefits that enabled community based care, developed new application forms and information booklets, and trained staff as to how to provide additional aid to the elderly. Based on these developments that parties settled the lawsuit and entered the settlement with the court on February 5, 2003. The settlement provided for a one year period of reports by the defendants to the plaintiffs regarding progress in providing additional care to the elderly. The settlement ended in 2004, and the case is now closed.

Summary Authors

Michael Perry (2/24/2011)

People


Judge(s)
Attorney for Plaintiff

Benjamin, Peter R. (Massachusetts)

Cronin, Neil (Massachusetts)

Engel, Matthew (Massachusetts)

Hatrick, Kristi (Massachusetts)

Attorney for Defendant

Gagne, Cynthia J. (Massachusetts)

show all people

Documents in the Clearinghouse

Document

3:00-cv-30156

Docket

May 14, 2004

May 14, 2004

Docket
1

3:00-cv-30156

Complaint

Sept. 12, 2000

Sept. 12, 2000

Complaint
12

3:00-cv-30156

Plaintiffs' Memorandum of Law in Support of Motion for a Temporary Restraining Order and/or Preliminary Injunuction

Sept. 15, 2000

Sept. 15, 2000

Pleading / Motion / Brief

3:00-cv-30156

FIFTH INTERIM AGREEMENT IN LIEU OF A PRELIMINARY INJUNCTION

Jan. 19, 2001

Jan. 19, 2001

Pleading / Motion / Brief

3:00-cv-30156

Letter RE: Massachusetts State Plan Amendment

Jan. 31, 2002

Jan. 31, 2002

Justification Memo
75

3:00-cv-30156

STIPULATION OF SETTLEMENT

Feb. 5, 2003

Feb. 5, 2003

Settlement Agreement

Docket

Last updated Dec. 18, 2024, 7:26 p.m.

Docket sheet not available via the Clearinghouse.

Case Details

State / Territory: Massachusetts

Case Type(s):

Public Benefits/Government Services

Special Collection(s):

Olmstead Cases

Multi-LexSum (in sample)

Key Dates

Filing Date: Sept. 12, 2000

Closing Date: May 14, 2004

Case Ongoing: No

Plaintiffs

Plaintiff Description:

Five elderly and disabled individuals who were unable to obtain the services necessary to receive community care because of more stringent requirements applied to the elderly.

Plaintiff Type(s):

Private Plaintiff

Attorney Organizations:

NDRN/Protection & Advocacy Organizations

Legal Services/Legal Aid

Public Interest Lawyer: Yes

Filed Pro Se: No

Class Action Sought: Yes

Class Action Outcome: Denied

Defendants

The Division of Medical Assistance (Boston, Suffolk), State

Commonwealth of Massachusetts (Boston, Suffolk), State

The Executive Office of Health and Human Services (Boston, Suffolk), State

Case Details

Causes of Action:

Americans with Disabilities Act (ADA), 42 U.S.C. §§ 12111 et seq.

Section 504 (Rehabilitation Act), 29 U.S.C. § 701

Constitutional Clause(s):

Equal Protection

Available Documents:

Trial Court Docket

Complaint (any)

Injunctive (or Injunctive-like) Relief

Outcome

Prevailing Party: Plaintiff

Nature of Relief:

Injunction / Injunctive-like Settlement

Source of Relief:

Settlement

Form of Settlement:

Private Settlement Agreement

Content of Injunction:

Preliminary relief request withdrawn/mooted

Order Duration: 2003 - 2004

Issues

Benefits (Source):

Medicaid