On January 10, the Department of Justice (DOJ) announced a comprehensive agreement filed in federal court to resolve a long running litigation (United States of America v. State of Tennessee, et al., U.S. Dist. Ct. Western Dist. of Tenn., No. 92-2062) with the state of Tennessee. The class action case has been ongoing for twenty years, stemming initially over concerns with the conditions of care at the former Arlington Developmental Center (ADC). The ADC was closed by the state in October 2010. The agreement addresses remaining issues in the litigation by expanding home and community-based services (HCBS) so the state can serve people with developmental disabilities in their own homes or in other integrated community settings. Additionally, it will provide class members who are in nursing homes to choose to receive services in integrated community-based settings. Under the terms of the agreement, Tennessee will also expand HCBS by providing Medicaid waivers to eligible individuals, seek cost-efficient models of care for class members with behavioral needs and provide supported employment for class members seeking work.
The court was scheduled to hold a hearing on the agreement on January 15. More information may be found here.