Court of Appeals Remands Personal Care Olmstead Case to District CourtImage Banner

Court of Appeals Remands Personal Care Olmstead Case to District Court

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Court of Appeals Remands Personal Care Olmstead Case to District Court

April 3, 2013

On April 2, the U.S. Court of Appeals for the Fourth Circuit (MD, SC, VA and WA) denied the state's request for a rehearing in Pashby v. Delia, a class action lawsuit filed against the North Carolina Department of Health and Human Services that seeks to block planned cuts to in-home personal care services. Plaintiffs in the case allege the state's plan to cut services for assistance with in-home activities including bathing, dressing, toileting, mobility and eating puts individuals with disabilities at risk of being placed in institutions such as adult care homes (that are defined in NC law as having six plus beds).

This case marks the first time the Fourth Circuit has held Olmstead mandates people with disabilities be served in the most integrated settings possible applies to people with disabilities who are at risk of institutionalization. The court agreed with the lower court's conclusion that adult care homes are "institutional settings that segregate residents from the community."

The case was remanded back to the United States District Court for the Eastern District of North Carolina (Raleigh) for further proceedings and a final determination.