Thomas et al. v. Kent et al

On March 29, 2016 the United States filed a Statement of Interest in Thomas et al. v. Kent et al, 2:CV14-08013-FMO-AGR (C.D. Cal.).  Plaintiffs in that case are individuals with significant physical disabilities requiring substantial medical care.  They allege that California imposes unnecessarily low limits on the cost of services authorized under one of its Medicaid waiver programs, and does not have appropriate systems in place to permit exceptions to those limits when necessary to avoid unnecessary institutionalization.  The Statement highlights States’ obligations under the ADA to ensure that any limitations on services are implemented in a manner which avoids placing individuals with disabilities at risk of unnecessary institutionalization.  The Statement also sets forth the United States’ position that the ADA’s integration mandate applies to individuals currently receiving services in community-based settings who are at serious risk of institutionalization as a result of the State’s service delivery systems.