The Bazelon Center for Mental Health Law


 

 

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California Settlement Takes First Step Toward Olmstead Compliance

Court documents

Joint Motion for Preliminary Approval of Settlement Agreement

Settlement Between Plaintiffs and State Defendants

Revised Settlement Agreement Between Plaintiffs and San Francisco

Exhibit A: Settlement Agreement between Plaintiffs and City and County of San Francisco

Davis v. California Health and Human Services Agency

Davis et al. v. California Health and Human Services Agency et al., challenged the state’s and city’s practice of serving people with disabilities, including many seniors, in the city’s Laguna Honda Hospital and Rehabilitation Center (LHH), a 1,200-bed nursing home, without considering community alternatives as mandated by the Americans with Disabilities Act.

On December 18, 2003, the court approved a settlement requiring San Francisco to develop a system of assessment and hospital-discharge planning that allows people who are in Laguna Honda or eligible for admission there in the future the option of receiving supports and services in the community. San Francisco has also agreed to start a state-of-the-art program to screen, assess and develop individual service and discharge plans to members of the Davis class and provide ongoing case management after their discharge. Program staff will receive training on community-living alternatives and Laguna Honda residents will have training and support resources.

The Davis case also settles longstanding deficiencies in the state mental health department’s Pre-Admission Screening and Resident Review (PASRR) program for individuals with psychiatric disabilities. The new assessment process will identify personal goals for housing, work, relationships and health. State evaluators will consider whether the person's goals and needs can be met with community-based alternatives to nursing home care.

The case was refiled three years later as Chambers v. San Francisco.

 

 

 
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  Judge David L. Bazelon Center for Mental Health Law
1101 15th Street, NW, Suite 1212
Washington, DC 20005

Phone: 202-467-5730
Fax: 202-223-0409
Email: webmaster@bazelon.org

 
Judge David L. Bazelon Center for Mental Health Law
1101 15th Street, NW, Suite 1212
Washington, DC 20005

Phone: 202-467-5730
Fax: 202-223-0409
Email: webmaster@bazelon.org