Small v. Montana

, No. 97-35007 (9th Cir. filed Sept. 30, 1997). ; Clearinghouse Number: 52220

Description

Montana Agrees to Base Decisions About State Mental Health Facility Admissions and Discharges Only on Patients’ Need for Treatment and Support

Abstract

The parties settled this challenge to Montana’s failure to administer treatment for mentally ill patients in integrated, noninstitutional settings. Plaintiffs—patients receiving treatment for mental disorders—alleged that, by isolating, segregating, and institutionalizing them and denying them the opportunity to achieve independent living, Montana violated the Americans with Disabilities Act’s requirement that the state provide services in the most integrated setting appropriate, 42 U.S.C. § 12132, and 42 U.S.C. § 1983. Plaintiffs sought to block the financing and reconstruction of the Montana State Hospital for individuals with mental disorders, require the Department of Public Health and Human Services to develop a comprehensive system of community treatment services for individuals with mental disorders, and demand the release of plaintiffs from segregated state institutional settings to integrated community settings appropriate to their needs. Under the settlement agreement, Montana agreed to operate its mental health facilities as efficiently and cost-effectively as possible and to make decisions about patient admissions and discharges based only on the patient’s need for treatment and support. Montana agreed not to base such decisions on whether a particular placement would increase or decrease revenue to the state. Montana also agreed not to require that a managed care organization with which the state had a contract purchase a predetermined volume of services from the state mental health facilities. Counsel notes that all named plaintiffs were released from the state hospital before the case was settled and that Montana was not barred from beginning construction of the new hospital.

Additional Information

Attorney Information
Plaintiffs represented by Lonnie J. Olson, Allen Smith Jr., Maire Gallagher, C.J. Lassila, Montana Advocacy Program Inc., P.O. Box 1680, 316 N. Park, Helen, MT 59624; 406.444.3889.
Docket Date
1997-09-30 00:00:00+00:00