Case: Fisher v. Oklahoma Health Care Authority

4:02-cv-00762 | U.S. District Court for the Northern District of Oklahoma

Filed Date: Oct. 1, 2002

Closed Date: Nov. 17, 2003

Clearinghouse coding complete

Case Summary

Several individuals with disabilities filed this lawsuit to challenge Oklahoma's proposed reduction in prescription drug coverage under its Home and Community Based Services Medicaid waiver. Each of the plaintiffs has a range of (largely physical) disabilities and would qualify for nursing home care, but is able to remain in the community due to services provided via the Medicaid waiver. When the Oklahoma Health Care Authority announced that it would cover a maximum of 5 prescription drugs fo…

Several individuals with disabilities filed this lawsuit to challenge Oklahoma's proposed reduction in prescription drug coverage under its Home and Community Based Services Medicaid waiver. Each of the plaintiffs has a range of (largely physical) disabilities and would qualify for nursing home care, but is able to remain in the community due to services provided via the Medicaid waiver. When the Oklahoma Health Care Authority announced that it would cover a maximum of 5 prescription drugs for those not residing in institutions, but would not limit the prescription drugs available to those residing in institutions, the Plaintiffs filed a complaint on October 1, 2002, in the U.S. District Court for the Northern District of Oklahoma, claiming that this planned reduction violates the Americans with Disabilities Act (ADA) under the Supreme Court precedent Olmstead v. L.C. The Plaintiffs also claimed that the reduction in benefits violated the notice provision of the federal Medicaid Act and the Due Process Clause of the U.S. Constitution.

On November 1, 2002, the District Court (Judge James H. Payne) granted the state's motion for summary judgment. He found that this case was distinguishable from Olmstead because the Plaintiffs were not institutionalized, but were instead alleging a risk of institutionalization. Judge Payne held that the ADA would not apply to such a claim.

The Plaintiffs subsequently filed an appeal with the U.S. Court of Appeals for the Tenth Circuit. In a decision on July 15, 2003, the Court of Appeals (Judge Lucero) reversed the District Court. The Court found that it was not necessary for Plaintiffs to be currently institutionalized in order to bring a claim under the ADA's integration mandate, and nothing in the text of the ADA or in the Olmstead decision would suggest that institutionalization is a prerequisite.

On November 17, 2003, the District Court dismissed the case because the parties had entered into a settlement agreement. Under the settlement, HCBS Waiver participants can have up to 7 generic prescriptions with the option to request more through an authorization process.

Summary Authors

Beth Kurtz (3/31/2013)

People

For PACER's information on parties and their attrorneys, see: https://www.courtlistener.com/docket/11685049/parties/fisher-v-oklahoma-health-care/


Judge(s)

Cleary, Paul J. (Oklahoma)

Lucero, Carlos F. (Colorado)

Payne, James H. (Oklahoma)

Attorneys(s) for Plaintiff

Bernstein, Morris D. (Oklahoma)

Bullock, Louis Werner (Oklahoma)

Gold, Stephen F. (Pennsylvania)

Attorneys(s) for Defendant

Tevington, Andrew J. (Oklahoma)

Judge(s)

Cleary, Paul J. (Oklahoma)

Lucero, Carlos F. (Colorado)

Payne, James H. (Oklahoma)

Attorneys(s) for Plaintiff

Bernstein, Morris D. (Oklahoma)

Bullock, Louis Werner (Oklahoma)

Gold, Stephen F. (Pennsylvania)

Attorneys(s) for Defendant

Tevington, Andrew J. (Oklahoma)

Documents in the Clearinghouse

Document

4:02-cv-00762

Docket

Fisher v. Oklahoma Health Care Authority

Feb. 6, 2004

Feb. 6, 2004

Docket
1

4:02-cv-00762

Complaint

Oct. 1, 2002

Oct. 1, 2002

Complaint
3

4:02-cv-00762

Motion for and Memorandum of Law in Support of Preliminary Injunction

Fisher v. Health Care Authority

Oct. 3, 2002

Oct. 3, 2002

Pleading / Motion / Brief
10

4:02-cv-00762

Amended Complaint

Fisher v. State of Oklahoma

Oct. 8, 2002

Oct. 8, 2002

Complaint
11

4:02-cv-00762

Defendants' Motion for Summary Judgment and Brief in Support

Fisher v. Oklahoma Health Care

Oct. 9, 2002

Oct. 9, 2002

Pleading / Motion / Brief
17

4:02-cv-00762

Plaintiffs' Memorandum of Law in Opposition to Defendants' Motion to for Summary Judgment

Fisher v. State of Oklahoma

Oct. 16, 2002

Oct. 16, 2002

Pleading / Motion / Brief
26

4:02-cv-00762

Order

Nov. 1, 2002

Nov. 1, 2002

Order/Opinion

4:02-cv-00762

Tenth Circuit Opinion

U. S. Court of Appeals for the Tenth Circuit

335 F.3d 1175

July 15, 2003

July 15, 2003

Order/Opinion
36

4:02-cv-00762

Order Dismissing Action By Reason of Settlement

Nov. 17, 2003

Nov. 17, 2003

Order/Opinion

Resources

Docket

See docket on RECAP: https://www.courtlistener.com/docket/11685049/fisher-v-oklahoma-health-care/

Last updated July 29, 2022, 3:02 a.m.

ECF Number Description Date Link Date / Link
1

COMPLAINT (PLAINTIFF REQUESTS PRELIMINARY AND PERMANENT INJUNCTION) (Consent form sent) (fee status: pd) (lml, Dpty Clk) (Entered: 10/02/2002)

Oct. 1, 2002

Oct. 1, 2002

Clearinghouse

FILING FEE PAID IN FULL by plaintiff Katherine Fisher, plaintiff Earlee Heath, plaintiff Karol Loy on 10/1/02 in the amount of $ 150.00 receipt # 104139 (fee status: pd) (lml, Dpty Clk)

Oct. 1, 2002

Oct. 1, 2002

PACER
2

MINUTE ORDER by Judge James H. Payne: After full consideration of the record before the Court, Plaintiff's Application for Temporary Restraining Order is DENIED, there being a failure to demonstrate the requirements set forth in Fed.R.Civ.P. 65. Further, Plaintiffs' counsel states Defendants' counsel was not notified of Plaintiffs' Application for Temporary Restraining Order. Plaintiff's Application for Preliminary Injunction is set for hearing, Friday, October 4, 2002, at 1:30 P.M. Plaintiffs are ordered to serve notice on the defendants. (cc: pltfs counsel & phoned) (fe, Dpty Clk) (Entered: 10/02/2002)

Oct. 2, 2002

Oct. 2, 2002

PACER
3

MOTION by plaintiff Katherine Fisher, plaintiff Earlee Heath, plaintiff Karol Loy for preliminary injunction (o/j) (crp, Dpty Clk) (Entered: 10/03/2002)

Oct. 3, 2002

Oct. 3, 2002

Clearinghouse
4

BRIEF (MEMORANDUM OF LAW) by plaintiff Katherine Fisher, plaintiff Earlee Heath, plaintiff Karol Loy in support of motion for preliminary injunction [3-1] (crp, Dpty Clk) (Entered: 10/03/2002)

Oct. 3, 2002

Oct. 3, 2002

PACER
5

MOTION by plaintiff Katherine Fisher, plaintiff Earlee Heath, plaintiff Karol Loy for attorney Stephen F Gold to appear pro hac vice (no fees, o/j) (sac, Dpty Clk) (Entered: 10/07/2002)

Oct. 4, 2002

Oct. 4, 2002

PACER
6

MINUTES: by Judge James H. Payne ; In-court Preliminary Injunction hearing held 10/4/02 ; witn heard; the app for Prel Inj is cons w/trial of this matter u/R.76(a)(2); the briefing sched will be shortened and taken up by tele conf set for 10:00 10/7/02 before Judge James H. Payne (Karla McWhorter ct rptr) (jcm, Dpty Clk) (Entered: 10/07/2002)

Oct. 4, 2002

Oct. 4, 2002

PACER
8

...MOTION w/brf by defendant Oklahoma Health Care to dismiss (oversized doc) (sac, Dpty Clk) (Entered: 10/07/2002)

Oct. 4, 2002

Oct. 4, 2002

PACER
9

ATTORNEY APPEARANCE for defendant Oklahoma Health Care by Andrew J Tevington (sac, Dpty Clk) (Entered: 10/07/2002)

Oct. 4, 2002

Oct. 4, 2002

PACER
7

MINUTES: by Judge James H. Payne ; Tele Sched Conf held 10/7/02; pltf to fax to ct a copy of amended complaint; Ct grants permission to file amended cplt and pltf to over-night amended cplt to court clerk for filing; deft to file amended mot/dismiss/SJ by 10/9/02; pltf resp to be filed by 10/11/02 and any reply by deft to be filed by noon on 10/15/02. (Karla McWhorter ct rptr) (jcm, Dpty Clk) (Entered: 10/07/2002)

Oct. 7, 2002

Oct. 7, 2002

PACER
10

AMENDED COMPLAINT [1-1] by plaintiff Katherine Fisher, plaintiff Earlee Heath, plaintiff Karol Loy (sac, Dpty Clk) (Entered: 10/09/2002)

Oct. 8, 2002

Oct. 8, 2002

Clearinghouse
11

MOTION AND BRIEF IN SUPPORT by defendant Oklahoma Health Care for summary judgment (crp, Dpty Clk) (Entered: 10/10/2002)

Oct. 9, 2002

Oct. 9, 2002

Clearinghouse
12

ANSWER by defendant Oklahoma Health Care to amd complaint [10-1] and complaint [1-1] (sac, Dpty Clk) Modified on 10/10/2002 (Entered: 10/10/2002)

Oct. 9, 2002

Oct. 9, 2002

PACER
13

...SUPPLEMENTAL BRIEF by plaintiff Katherine Fisher, plaintiff Earlee Heath, plaintiff Karol Loy in support of motion for preliminary injunction [3-1] (sac, Dpty Clk) (Entered: 10/11/2002)

Oct. 10, 2002

Oct. 10, 2002

PACER
14

MOTION by defendant Oklahoma Health Care to strike pltfs' brf in oppos to m/dism and suppl in supp of injunc and declaratory relief (crp, Dpty Clk) (Entered: 10/15/2002)

Oct. 11, 2002

Oct. 11, 2002

PACER
15

MINUTE ORDER by Judge James H. Payne: granting motion to strike pltfs' brf in oppos to m/dism and suppl in supp of injunc and declaratory relief [14-1] [13-1], [13-1] ; SHOW CAUSE HEARING set for 2:00 p.m., 10/22/02, for Plaintiff to show cause why case should not be dismissed for failure to Respond to Deft's Mo/SJ as directed by the Ct during hrg of 10/7/02. [cc: counsel] (fe, Dpty Clk) (Entered: 10/15/2002)

Oct. 15, 2002

Oct. 15, 2002

PACER
16

REPLY by defendant Oklahoma Health Care to response to motion for summary judgment [11-1] (sac, Dpty Clk) (Entered: 10/15/2002)

Oct. 15, 2002

Oct. 15, 2002

PACER
17

RESPONSE (MEMORANDUM OF LAW IN OPPOSITION) by plaintiff Katherine Fisher, plaintiff Earlee Heath, plaintiff Karol Loy to motion for summary judgment [11-1] (crp, Dpty Clk) (Entered: 10/17/2002)

Oct. 16, 2002

Oct. 16, 2002

Clearinghouse
18

MOTION by defendant Oklahoma Health Care to strike pltfs' brf in opp to m/sumjgm and brf in supp (crp, Dpty Clk) (Entered: 10/17/2002)

Oct. 16, 2002

Oct. 16, 2002

PACER
19

MOTION by plaintiff Katherine Fisher, plaintiff Earlee Heath, plaintiff Karol Loy for reconsideration MO to strike of 10/15/02, and alternatively to waive L.R., re appearance at 10/22 hrg. (fe, Dpty Clk) (Entered: 10/21/2002)

Oct. 18, 2002

Oct. 18, 2002

PACER
21

RESPONSE (REPLY) by plaintiff Katherine Fisher, plaintiff Earlee Heath, plaintiff Karol Loy to motion to strike pltfs' brf in opp to m/sumjgm and brf in supp [18-1] (sac, Dpty Clk) (Entered: 10/21/2002)

Oct. 18, 2002

Oct. 18, 2002

PACER
20

MINUTE ORDER by Judge James H. Payne : denying motion for reconsideration [19-1] and denying pltf counsel lve to appear by phone at 10/22 hrg. [cc: counsel & phoned pltf counsel] (fe, Dpty Clk) (Entered: 10/21/2002)

Oct. 21, 2002

Oct. 21, 2002

PACER
22

MINUTES: by Judge James H. Payne: Case called for Show Cause Hrg. for pltf's failure to resp. to deft's mo/SJ as ordered . Louis Bullock enters appearance on behalf of counsel Gold for this hrg only. Deft objs to Bullock's appearance as in conflict w/other filings. Statements made. Deft granted to 11/28 to file Reply to Pltf's resp. re mo/SJ. Reply filed in open ct. Deft's req/sanctions under advisement. Deft granted leave to file mo/costs/attys fees in regard to this matter. Pltf counsel is going to file a 'statement of position' [Karla McWhorter-cr] (fe, Dpty Clk) (Entered: 10/23/2002)

Oct. 22, 2002

Oct. 22, 2002

PACER
23

REPLY by defendant Oklahoma Health Care to response to motion for summary judgment [11-1] (crp, Dpty Clk) (Entered: 10/23/2002)

Oct. 22, 2002

Oct. 22, 2002

PACER
24

ATTORNEY APPEARANCE for plaintiff Katherine Fisher, plaintiff Earlee Heath, plaintiff Karol Loy by Louis W Bullock (crp, Dpty Clk) (Entered: 10/23/2002)

Oct. 22, 2002

Oct. 22, 2002

PACER

TRANSCRIPT of Mot/Prel Inj before Judge James H. Payne for date(s) of: 10/4/2 (C/R: K McWhorter, Pages: 119) (pll, Dpty Clk)

Oct. 31, 2002

Oct. 31, 2002

PACER
25

MOTION w/brf by defendant Oklahoma Health Care to disqualify pltf's cnsl from Bullock & Bullock (oversized doc) (sac, Dpty Clk) (Entered: 11/01/2002)

Oct. 31, 2002

Oct. 31, 2002

PACER
26

ORDER by Judge James H. Payne granting motion for summary judgment [11-1] (cc: all counsel) (sac, Dpty Clk) (Entered: 11/01/2002)

Nov. 1, 2002

Nov. 1, 2002

Clearinghouse
27

JUDGMENT: by Judge James H. Payne entered for dft & against pltfs; terminating case (cc: all cnsl) (sac, Dpty Clk) (Entered: 11/01/2002)

Nov. 1, 2002

Nov. 1, 2002

PACER
28

MINUTE ORDER by Judge James H. Payne : finding the motion to disqualify pltf's cnsl from Bullock & Bullock (oversized doc) [25-1] moot, inasmuch as Judgment was entered in this case on 11/27/02. (cc: all counsel) (fe, Dpty Clk) (Entered: 11/06/2002)

Nov. 6, 2002

Nov. 6, 2002

PACER
29

NOTICE by plaintiff Katherine Fisher, plaintiff Earlee Heath, plaintiff Karol Loy of flg ord/transcript of 10/4/2 hrg (pll, Dpty Clk) (Entered: 11/13/2002)

Nov. 12, 2002

Nov. 12, 2002

PACER
30

NOTICE OF APPEAL to USCA by plaintiff Katherine Fisher, plaintiff Earlee Heath, plaintiff Karol Loy from District Court decision [27-1], [26-1] ( fees pd/cnsl ) (sac, Dpty Clk) (Entered: 11/13/2002)

Nov. 12, 2002

Nov. 12, 2002

PACER

APPEAL FEE PAID IN FULL by plaintiff Katherine Fisher, plaintiff Earlee Heath, plaintiff Karol Loy on 11/12/02 in amount of $ 105.00 receipt # 104908 re [30-1] (crp, Dpty Clk)

Nov. 12, 2002

Nov. 12, 2002

PACER
31

PRELIMINARY RECORD on Appeal sent to USCA re: appeal [30-1] (Includes: Docket Sheet, Notice of Appeal, and Decision being appealed) (cc: all counsel) (sac, Dpty Clk) (Entered: 11/13/2002)

Nov. 13, 2002

Nov. 13, 2002

PACER
32

NOTIFICATION by Circuit Court of Appellate Docket Number 02-5192 (#30 cc fees pd/cnsl) (sac, Dpty Clk) (Entered: 11/22/2002)

Nov. 21, 2002

Nov. 21, 2002

PACER
33

CLERK'S RECORD ON APPEAL sent to USCA re: appeal [30-1] ( 10th Circuit Case No. 02-5192 ) (ltr mld to all counsel) (fe, Dpty Clk) (Entered: 11/25/2002)

Nov. 25, 2002

Nov. 25, 2002

PACER
34

CERTIFIED COPY of Judgment from USCA reversing and remanding the Decision of the District Court re: appeal [30-1] ( 10th Circuit Case No. 02-5192 ) (sac, Dpty Clk) (Entered: 08/11/2003)

Aug. 11, 2003

Aug. 11, 2003

PACER
35

MINUTE ORDER by Judge James H. Payne : ; SCHEDULING CONFERENCE set for 10:30 11/24/03 (cc: all counsel) (sac, Dpty Clk) (Entered: 08/13/2003)

Aug. 13, 2003

Aug. 13, 2003

PACER

REMARK: Per pltf counsel, case has settled; copy of settlement ltr faxed to Ct. SS of 11/24/03 stricken. Ct to enter appropriate Adm Closing Order. [O/J] (fe, Dpty Clk)

Nov. 17, 2003

Nov. 17, 2003

PACER
36

ORDER by Judge James H. Payne dismissing case by reason of stlmt (cc: all counsel) (sac, Dpty Clk) (Entered: 11/20/2003)

Nov. 19, 2003

Nov. 19, 2003

Clearinghouse

REMARK: Copy of Settlement Agreement between parties added to file. (fe, Dpty Clk)

Feb. 6, 2004

Feb. 6, 2004

PACER

Case Details

State / Territory: Oklahoma

Case Type(s):

Public Benefits/Government Services

Special Collection(s):

Olmstead Cases

Multi-LexSum (in sample)

Key Dates

Filing Date: Oct. 1, 2002

Closing Date: Nov. 17, 2003

Case Ongoing: No

Plaintiffs

Plaintiff Description:

Plaintiffs are individuals with a range of disabilities who live in the community and receive services via a Medicaid waiver program.

Plaintiff Type(s):

Private Plaintiff

Attorney Organizations:

Steve Gold

Public Interest Lawyer: Yes

Filed Pro Se: No

Class Action Sought: No

Class Action Outcome: Not sought

Defendants

Oklahoma Health Care Authority, State

Defendant Type(s):

Hospital/Health Department

Jurisdiction-wide

Case Details

Causes of Action:

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

Medicaid, 42 U.S.C §1396 (Title XIX of the Social Security Act)

Constitutional Clause(s):

Due Process

Availably Documents:

Trial Court Docket

Complaint (any)

Injunctive (or Injunctive-like) Relief

Any published opinion

Outcome

Prevailing Party: Plaintiff

Nature of Relief:

Injunction / Injunctive-like Settlement

Preliminary injunction / Temp. restraining order

Source of Relief:

Settlement

Form of Settlement:

Voluntary Dismissal

Content of Injunction:

Discrimination Prohibition

Preliminary relief granted

Issues

General:

Deinstitutionalization/decarceration

Public benefits (includes, e.g., in-state tuition, govt. jobs)

Discrimination-basis:

Disability (inc. reasonable accommodations)

Disability:

disability, unspecified

Integrated setting

Least restrictive environment

Medical/Mental Health:

Medication, administration of

Benefit Source:

Medicaid