Filed Date: Nov. 17, 2017
Closed Date: 2018
Clearinghouse coding complete
On November 17, 2017, six people with physical and/or intellectual impairments that relied on ADvantage waivers and/or In-Home Supports waivers to receive health services at their homes, filed this putative class action lawsuit in the U.S. District for the Western District of Oklahoma. The plaintiffs sued Oklahoma Health Care Authority (OHCA) and Oklahoma State Department of Human Services (DHS) under the Americans with Disabilities Act (ADA) and the Rehabilitation Act. The plaintiffs, represented by the American Civil Liberties Union (ACLU) and the Oklahoma Disability Law Center, sought injunctive and declaratory relief, claiming violations of the ADA and the Rehabilitation Act. The plaintiffs alleged that OHCA and DHS were planning to cut funding to the waivers that the plaintiffs depended on for home based health care services and put them in danger of forced institutionalization in a nursing home. More specifically, in October 2017, the plaintiffs received notices that their Medicaid ADvantage and In-Home Supports waivers would not be funded after December 1, 2017. This case was assigned to Judge Joe Heaton. On December 6, 2017, the plaintiffs filed an amended complaint.
On February 12, 2018, the defendants moved to dismiss the plaintiffs’ amended complaint. They alleged that the plaintiffs’ claims had become moot because DHS found a way to fully fund the waiver programs. Further, the defendants argued that, because there were no longer any violation of federal law, the plaintiffs were not entitled to injunctive or declaratory relief. Therefore, the amended complaint should be dismissed.
The court agreed and dismissed the plaintiffs’ amended complaint for mootness on March 26, 2018. This case is now closed.
Summary Authors
Sean Whetstone (7/11/2018)
For PACER's information on parties and their attorneys, see: https://www.courtlistener.com/docket/13566420/parties/anderson-v-lake/
Heaton, Joe L. (Oklahoma)
Gioletti, Amy N. (Oklahoma)
Henderson, Brady Ross (Oklahoma)
Taylor, Gary A. (Oklahoma)
Smith, Travis C (Oklahoma)
Heaton, Joe L. (Oklahoma)
See docket on RECAP: https://www.courtlistener.com/docket/13566420/anderson-v-lake/
Last updated Feb. 19, 2024, 3:12 a.m.
State / Territory: Oklahoma
Case Type(s):
Public Benefits/Government Services
Special Collection(s):
Key Dates
Filing Date: Nov. 17, 2017
Closing Date: 2018
Case Ongoing: No
Plaintiffs
Plaintiff Description:
Individuals that were recipients of ADvantage waivers and In-Home Support waivers and whose services were set to be eliminated by Oklahoma Health Care Authority and Oklahoma State Department of Human Services.
Plaintiff Type(s):
Attorney Organizations:
NDRN/Protection & Advocacy Organizations
Public Interest Lawyer: Yes
Filed Pro Se: No
Class Action Sought: Yes
Class Action Outcome: Denied
Defendants
Oklahoma Health Care Authority (OHCA), State
Oklahoma State Departmenet of Human Services (DHS), State
Defendant Type(s):
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
Declaratory Judgment Act, 28 U.S.C. § 2201
Available Documents:
Outcome
Prevailing Party: Defendant
Nature of Relief:
Source of Relief:
Form of Settlement:
Issues
General:
Public benefits (includes, e.g., in-state tuition, govt. jobs)
Disability and Disability Rights:
Intellectual/developmental disability, unspecified
Discrimination-basis:
Disability (inc. reasonable accommodations)
Medical/Mental Health:
Benefit Source: