The Waiting List Lawsuits Settlement

Many thanks to those of you who volunteered to assist us in educating legislators and other leaders about why they should support funding for the Waiting List.

The Federal District Court Judge provided approval of settlements in the two class action lawsuits filed by Tennessee Protection & Advocacy and People First. A fairness hearing was held April 12, 2004 in the Courtroom of Judge Echols.

SUMMARY OF SETTLEMENT IN PEOPLE FIRST LAWSUIT:

• Requires outreach and education to persons who are potentially eligible for community-based waiver services.
• Requires the State to assess needs of eligible persons and plan for necessary services.
• Removes prohibition in State interagency agreement that prevented the provision of waiver services to school age persons.

SUMMARY OF SETTLEMENT IN BROWN (DLAC CASE) LAWSUIT:

• Provides for enrollment of up to 600 persons in a Self Determination Waiver during 2004-2005. The waiver has an annual budget cap of $30,000 for an enrollee.
• Provides for enrollment for an additional 900 persons in the Self Determination Waiver during 2005-2006.
• If enrollment does not begin in Self-Determination Waiver by July, 2004, provides that State of Tennessee will pay $500,000 per month in services for each month until enrollment begins.
• Provides for enrollment of approximately 200 new enrollees in the existing Home and Community Based Waiver in 2004-2005.
• Provides for enrollment of approximately 200 new enrollees in the existing Home and Community Based Waiver in 2005-2006.
• For those on the waiting list that are eligible for enrollment in the waiver but are waiting and not receiving services under the Family Support program, the State will provide up to $2,280 in a Consumer Directed Support Program on an annual basis per person, with a maximum annual expenditure under this program at $5 million. These services may be respite services, transportation, etc.
• Provides targeted case management for those on the waiting list that are eligible for waiver services but are waiting to be enrolled. Case manager will assist in accessing other services and plan for enrollment in waiver.
• Provides for planning by parties for additional necessary services for persons eligible for waiver services that are on the waiting list until December, 2009.

If you know anyone who may be eligible for services, encourage them to contact the DMRS office in their region:

East Tennessee (Knoxville) 888-531-9876 (toll free) or 865-588-0508
Middle Tennessee (Nashville) 800-654-4839 (toll free) or 615-231-5049
West Tennessee (Memphis) 800-308-2586 (toll free) or 901-745-7005
Central Office (Nashville) 800-535-9725 (toll free) or 615-532-6530