Albany, NY October 20, 2022 - Disability Rights New York (DRNY), Kasowitz Benson Torres LLP (KBT) and Mental Hygiene Legal Service (MHLS) have filed an amended complaint and motion for preliminary injunction on behalf of the Named Plaintiffs in the class action lawsuit filed on June 16, 2022 against the New York Department of Health (DOH) and the Office for People with Developmental Disabilities (OPWDD).
After months of advocacy efforts by DRNY, KBT, & MHLS, Named Plaintiffs continue to remain in institutional settings. Moreover, there are thousands of additional individuals languishing unnecessarily in institutions who could benefit from this class action lawsuit. All are people who have been found eligible by Defendants to receive a certified community-based residential opportunity and Medicaid Waiver services.
According to information obtained under Freedom of Information Law (FOIL), as of July 31, 2022, there were over 3,000 vacant beds in community-based residences that are licensed or operated by OPWDD, including over 1,700 beds in residences that are operated by OPWDD itself.
“Despite the availability of over 3,000 open beds, OPWDD and DOH continue to violate their obligations, and are failing to provide timely transition to the community. These ongoing, and illegal, delays have resulted in irreparable harm for our Named Plaintiffs, who have been waiting from 6 months to 6 years to live in the community. This is unacceptable, against the law and, quite frankly, incomprehensible given the fact that beds are indeed available.” PADD Program Director, Julie Michaels Keegan, Esq. DRNY
“Plaintiffs continue to be unnecessarily deprived of their constitutional and statutory rights to live in their communities with appropriate support services. Having these plaintiffs languish in institutional settings, without any viable alternatives, is causing irreparable harm and needless suffering to these individuals. We are confident that the court will grant a preliminary injunction directing defendants to provide each plaintiff with a community-based residential opportunity supported by appropriate services mandated by law.” David J. Abrams, partner and Chair of the Pro Bono Committee at Kasowitz Benson Torres LLP.
About DRNY
DRNY is the designated independent non-profit Protection & Advocacy System empowered by Congress to investigate allegations of abuse and neglect and provide legal and non-legal advocacy services to people with disabilities in New York State. The Protection & Advocacy System was created by Congress as a direct result of the horrific conditions that were uncovered in the 1970's at New York’s Willowbrook State School.
DRNY is supported at tax payer expense by the U.S. Department of Health & Human Services, The Administration for Community Living; Center for Mental Health Services, Substance Abuse & Mental Health Services Administration; U.S. Department of Education, Rehabilitation Services Administration; and, the Social Security Administration. This press release does not represent the views, positions or policies of, or the endorsements by, any of these federal agencies.
About MHLS
The Mental Hygiene Legal Service (MHLS) provides legal services, advice and assistance to persons receiving care or alleged to be in need of care at inpatient and community-based facilities for individuals with mental disabilities and certain patients or residents of residential health care facilities. Created in 1964 and organized under Mental Hygiene Law article 47, MHLS represents such persons in judicial and administrative proceedings concerning admission, retention, transfer, treatment and guardianship. In addition to handling judicial proceedings, MHLS provides advice and representation regarding standards of care and other matters affecting the civil liberties of persons receiving care at facilities for individuals with mental disabilities.
About Kasowitz Benson Torres LLP
Kasowitz Benson Torres LLP is a leading national law firm with a core focus on commercial litigation, complemented by strong bankruptcy/restructuring and real estate transactional practices. Kasowitz is known for its creative, aggressive litigators and willingness to take on tough cases. The firm has extensive trial experience and is always trial-ready, representing both plaintiffs and defendants in every area of litigation. Kasowitz is committed to pursuing aggressive and innovative approaches to its clients’ most challenging legal matters. Headquartered in New York City, the firm also has offices in Atlanta, Denver, Houston, Los Angeles, Miami, Newark, San Francisco, Silicon Valley and Washington, DC. For more information, please visit www.kasowitz.com.
