Kansas Nursing Facilities for Mental Health Settlement Agreement

CPR, the Disability Rights Center of Kansas (DRCK), the AARP Legal Foundation, and Shook Bacon LLP developed an Olmstead/PASRR case challenging the unnecessary segregation of persons with psychiatric disabilities in specialized mental health nursing facilities.  In July 2021, after several months of negotiations, CPR and their co-counsel reached an agreement with the State of Kansas that will allow people with mental health disabilities to avoid institutionalization and live and receive services in community-based, integrated settings. Under the agreement, over an eight-year period, the State will develop and expand a wide range of mental health services for nursing facility residents with mental illness and increase integrated community services throughout Kansas. The reforms will include the creation of several hundred supported housing units; mobile crisis and assertive community treatment teams; supported employment programs; and peer support services.  The agreement includes detailed outcome measures and service metrics to ensure that people are diverted or transitioned from nursing facilities to appropriate community services, and that they receive informed choice counseling, case management, and specialized services while in nursing facilities  The agreement is being actively monitored by CPR, with its co-counsel team.