Texas, DOJ Tentatively Settle Nursing Home ADA Challenge
By Jess Davis
Law360, Dallas (August 19, 2013, 7:07 PM ET) -- Texas agreed Monday to make efforts to move individuals with developmental disabilities out of nursing homes under an interim settlement reached with the U.S. Department of Justice and private plaintiffs who claim existing state policies violate the Americans with Disabilities Act.
The two-year interim agreement in the putative class action would stay the litigation while the state and plaintiffs continue efforts to reach a comprehensive settlement, if approved by the Texas federal judge overseeing the case.
In September, the state will gradually provide 635 Medicaid waivers...