Proposed Agreement brings residents one step closer to expanded opportunities for community living and meaningful individual choice
(CHICAGO, August 30, 2011) – A groundbreaking proposed agreement announced today in Colbert v. Quinn, if approved by the court, will end the forced, long-standing and unnecessary segregation of people with physical disabilities or mental illness in nursing homes – affording them a real opportunity to live in their own homes and to participate fully in the community. If the Court approves this agreement, Medicaid-eligible nursing home residents in Cook County will, for the first time, have a meaningful choice about where they wish to live.
Today’s agreement is the latest development in the case Colbert v. Quinn, originally filed in August 2007 on behalf of a class of nursing home residents with disabilities in Cook County. According to the Americans with Disabilities Act and the 1999 U.S. Supreme Court Olmstead decision, nursing home residents have the right to receive long-term care services in the most integrated setting appropriate to their needs. The vast majority of people with disabilities who are receiving Medicaid have no meaningful alternative to living in a nursing home. “By providing housing assistance, Illinois is addressing the single greatest obstacle to Medicaid-eligible nursing home residents being able to return to the community,” said Steve Gold of the Law Offices of Stephen F. Gold, co-counsel for the class.
“In the nursing home, I wasn’t able to make my own choices about how I live,” said Lenil Colbert, a named plaintiff who lived in a nursing home at the time the original complaint was filed. “I had to eat when they told me. I couldn’t leave to visit my family without permission.” Colbert moved out of the nursing home in 2008 and now lives in his own apartment. “Now that I’m living in my own place, I can make decisions for myself, and come and go as I want. I’m pleased that more people like me will now be given the choice I had.”
Under the agreement, the State will provide housing and related assistance, including personal assistants, to at least 1,100 Cook County nursing home residents with disabilities during the first two and a half year period of the agreement – the first phase. “This agreement is a huge step forward for thousands of people who want to live and participate in communities of their choice,” said Marca Bristo, President and CEO of Access Living. “We commend Illinois for entering into this agreement because it recognizes the right of people with disabilities to choose where to live. We look forward to partnering with the State to implement the agreement.”
After the first phase, the State will continue to provide housing and related assistance to other Cook County nursing home residents with disabilities so they can move into the community. During the second phase, the state will implement a comprehensive plan to move Medicaid recipients living in nursing homes who desire to move into the community in accordance with a plan based on data collected during the first phase. The State will spend no more, in the aggregate, than what it is now paying to serve people with disabilities living in nursing homes. “Historically, nursing home costs have far exceeded the costs of community-based services,” said Karen Ward of Equip for Equality, co-counsel for the class. “This agreement not only offers people with disabilities the choice to live independently, it also provides a significant cost savings to the State.”
Colbert v. Quinn is the third in a trio of class actions brought against the State on behalf of people with all types of disabilities living in institutions to assure them the choice to live in the community. The other two cases, Ligas v. Hamos and Williams v. Quinn, reached similar settlement agreements. “Court approval of the Colbert agreement will bring us closer to our goal of ending the involuntary segregation and isolation of people with all types of disabilities in nursing homes and institutions across Cook County and Illinois,” said Benjamin Wolf of the ACLU of Illinois, co-counsel for the class.
Access Living and SNR Denton, which is providing representation on a pro bono basis, are serving as lead counsel on the case. The plaintiffs are also being represented by attorneys from the American Civil Liberties Union of Illinois and Equip for Equality, and by the Law Offices of Stephen F. Gold. Colbert v. Quinn is case number 07 C 4737. For documents related to the settlement, visit www.accessliving.org. For more information, contact Gary Arnold at 312-640-2199 (voice), 773-425-2536 (cell), garnold@accessliving.org .
About Access Living
Established in 1980, Access Living is a non-profit, Chicago-based disability rights and service organization that provides individualized, peer-based services for people with disabilities. With a strong influence in public policy and social reform, Access Living is a leading force in the community. Committed to challenging stereotypes, protecting civil rights and breaking institutional and community barriers, Access Living is a nationally recognized change agent at the forefront of the disability rights movement. For more information, www.accessliving.org
About SNR Denton
SNR Denton is a client-focused international legal practice delivering quality and value. SNR Denton serves clients in key business and financial centers from more than 60 locations in 43 countries, through offices, associate firms and special alliances across the US, the UK, Europe, the Middle East, Russia and the CIS, Asia Pacific and Africa, making it a top 25 legal services provider by lawyers and professionals worldwide. Joining the complementary top tier practices of its founding firms -- Sonnenschein Nath & Rosenthal LLP and Denton Wilde Sapte LLP -- SNR Denton offers business, government and institutional clients premier service and a disciplined focus to meet evolving needs in eight key industry sectors: Energy, Transport and Infrastructure; Financial Institutions and Funds; Government; Health and Life Sciences; Insurance; Manufacturing; Real Estate, Retail and Hotels; and Technology, Media and Telecommunications. For more information and legal notices, www.snrdenton.com.
About Equip for Equality
Designated in 1985 as the federally funded Protection and Advocacy System for people with disabilities in Illinois, Equip for Equality’s mission is to advance the human and civil rights of people with all types of disabilities in Illinois. Equip for Equality provides self-advocacy assistance, legal services, and disability rights education while also engaging in public policy and legislative advocacy and conducting abuse investigations and other oversight activities. For more information, www.equipforequality.org.
About the ACLU of Illinois
The American Civil Liberties Union is a non-partisan, non-profit membership organization dedicated to protecting and extending freedom, liberty and equality to all in the United States. The work of the ACLU is based upon, but not limited to, protecting the liberties and freedoms guaranteed by the U.S. Constitution, especially the Bill of Rights. With a membership of more than 500,000 nationwide - more than 23,000 in Illinois - the ACLU accomplishes its goals through litigating, lobbying and educating the public on a broad array of issues affecting our liberties. For more information, www.aclu-il.org.
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Colbert v. Quinn Fact Sheet
Overview
In Olmstead v. L.C. (1999), the Supreme Court held that unnecessary institutionalization of people with disabilities is discrimination under the Americans with Disabilities Act (ADA). People with disabilities are entitled to receive services in the most integrated setting appropriate to their needs.
Colbert v. Quinn is an ADA lawsuit filed in 2007 by people with disabilities (plaintiffs) who reside in Cook County nursing facilities and who want to receive community services. The Judge certified the case as a class action, so the case could move forward on behalf of the approximately 20,000 Medicaid-eligible people living in Cook County nursing facilities. The parties reached an agreement and filed a proposed consent decree with the court. The Judge will set a schedule for comments on the agreement and will address those comments in a Fairness Hearing. If the Judge enters the consent decree, the historic agreement would reflect a momentous change in state policy for serving people with physical disabilities and mental illness who reside in nursing facilities.
If approved by the judge, the consent decree will:
• In accordance with Olmstead, provide class members with the opportunity to receive services in the least restrictive environment that is appropriate to their needs.
• In the first 30 months, provide housing assistance that will permit more than 1,000 class members currently living in nursing facilities to move into housing in the community who otherwise would not be able to do so.
• Assure that people who desire to remain in nursing facilities will be able to do so.
• Require the State to develop a plan to transition other nursing facility residents into less restrictive and less costly community-based settings.
• Develop community-based services and housing for class members moving out of nursing facilities.
• Require the appointment of an Independent Monitor with expertise in the development and provision of community-based services to persons with mental illness and physical disabilities.
Questions?
If you have questions about the proposed agreement or how to file comments with the Judge please contact Patti Werner at 312/640-2148 or at pwerner@accessliving.org
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Community Integration Class Action Initiative
Access Living, the ACLU of Illinois and Equip for Equality
In 1999, the United States Supreme Court held in Olmstead v. L.C., 527 U.S. 581 (1999), that unwarranted institutionalization is discrimination under the Americans with Disabilities Act. Although Illinois is one of the most institutionalized states in the country, the State failed to meaningfully address the segregation of people with disabilities following the Supreme Court’s decision. Accordingly, Access Living, the ACLU of Illinois and Equip for Equality agreed to collaborate and serve as co-counsel on three class actions to address the failure of the State to provide community services to people with disabilities in three different settings. Each organization agreed to serve as lead counsel on one of the cases, which would include securing pro bono representation.
Williams v. Quinn 05 C 4673
This statewide class action was brought on behalf of approximately 4,500 people with mental illness residing in large private state-funded facilities (IMDs). The ACLU of Illinois serves as lead counsel, Kirkland & Ellis is the pro bono law firm, and the Bazelon Center for Mental Health Law is also co-counsel in this case. A Consent Decree was reached with the State, which will allow all IMD residents to be evaluated and move into community-based settings over a period of 5 years. The agreement received final approval in September 2010 (748 F.Supp.2d 892) and in July 2011, the judge approved the State’s Implementation Plan. An Independent Monitor has been appointed to oversee implementation of the Consent Decree.
Ligas v. Hamos 05 C 4331
This statewide class action was brought on behalf of approximately 6,000 people with developmental disabilities residing in large private state-funded facilities (ICF-DDs), as well as those who are “at risk” of moving into one of those facilities. Equip for Equality serves as lead counsel and SNR Denton is the pro bono law firm. A Consent Decree was reached with the State and was approved by the judge in June 2011. Under the agreement, all residents who have expressed a desire for a community placement will move into the community over a period of 6 years. Additionally, 3,000 people with developmental disabilities currently living at home without services will receive community services. An Independent Monitor has been appointed, and the State is currently developing its Implementation Plan.
Colbert v. Quinn 07 C 0747
This class action was brought on behalf of approximately 20,000 people with physical disabilities and/or mental illness residing in traditional nursing homes in Cook County, Illinois. Access Living serves as lead counsel, SNR Denton is the pro bono law firm, and the Law Offices of Stephen F. Gold is also serving as counsel in this case. A Consent Decree was reached with the State and filed with the judge in August 2011. If the Consent Decree is approved by the court, the State will provide housing assistance, and thus, dramatically expand community living opportunities for people with physical disabilities and/or mental illness who currently reside in nursing homes in Cook County.
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