Individual plaintiffs and the Independent Living Resource Center of San Francisco (ILRCSF) sued the City and County of San Francisco, California Health and Human Services Agency (CHHS), California Department of Health Services (DHS), California Department of Social Services (DSS), California Department of Mental Health (DMH) and the California Department of Aging (DOA) alleging violations of the Americans with Disabilities Act (ADA), the Nursing Home Reform Act and other statutes. Specifically, defendants failed to assess or provide support to residents of Laguna Honda Hospital that would have enabled them to live in a home of their choice outside of LHH.
The parties to the suit reached a partial settlement with the State defendants and San Francisco in March 2004. The settlement required that San Francisco develop a system of assessment and discharge planning that allows people with disabilities and seniors the option of receiving supports and services in the community. In March 2004, San Francisco started a Targeted Case Management (TCM) Program to screen, assess, and develop individual service and discharge plans for class members, and provide ongoing case management. TCM Program staff receive training on community living alternatives and the City will conduct trainings for LHH residents on community living options, start a Community Advisory Committee with ILRCSF participation, and open a Community Resource Center at LHH.
The settlement with San Francisco did not decide the issue of whether or not San Francisco provided adequate community based services and whether or not residents who qualify for community services are getting them within a reasonable time frame. Plaintiffs reserved the right to re-file on these issues, and did so in 2006, in the Chambers v. City and County of San Francisco lawsuit.
Co-Counsel:
- AARP Foundation Litigation[genericon icon=external]
- Bazelon Center for Mental Health[genericon icon=external]
- Disability Rights California[genericon icon=external]
- Howrey LLP
- Sinclair Law Office[genericon icon=external]
- National Senior Citizen Law Center[genericon icon=external]