News and Alerts

After months of negotiation, CPR and its partners, the Disability Rights Center (DRC) and the Department of Justice (DOJ), have reached a new settlement agreement to provide community residential alternatives to class members who are institutionalized at the Glencliff Home, New Hampshire’s only publicly-operated nursing facility.  

Six people with disabilities who are unnecessarily institutionalized in nursing facilities, joined by the Massachusetts Senior Action Council, filed a class action lawsuit today in federal district court in Boston. Their complaint claims that Governor Charlie Baker and other state officials have failed to provide community residential services and supports, and this failure has forced thousands of people with disabilities to live in segregated nursing facilities rather than in the community. The Commonwealth’s failure violates the Americans with Disabilities (ADA) and the Medicaid Act and disproportionately impacts people of color.

On 8/12/22, Judge John Acosta of the United States District Court issued a final decision in Lane v Brown, finding that the State had substantially complied with all requirements in the Settlement Agreement and dismissing the case.

Judge John Acosta of the United States District Court has scheduled a final hearing to determine if the State of Oregon has complied with its obligations under the Settlement Agreement in Lane v. Brown.

On April 17, 2022, the district court found the State of New Mexico finally achieved compliance with a 2019 settlement agreement and dismissed the case of Jackson v. Los Lunas Community Program.  The class action litigation was originally filed in 1987 on behalf of hundreds of persons with intellectual and developmental disabilities who lived in the state’s two public institutions.

On February 4, 2022, CPR responded to MassHealth’s RFI on health equity and proposed strategies for the collection and use of social risk factor data.  CPR’s submission pointed to the intersection between poverty, race, age, and disability as factors that can create multiple, compounding barriers to care. 

Morgan Whitlatch, CPR’s new Director of Supported Decision-Making Initiatives, has been elected as co-chair of the Rights Task Force of the Consortium for Citizens with Disabilities (soon to be renamed “Consortium for Constituents with Disabilities”) (CCD).  CCD is the largest coalition of national organizations working together to advocate for federal public policy that ensures the self-determination, independence, empowerment, integration, and inclusion of people with disabilities in all aspects of society. 

Based upon its successful ADA class action litigation in Oregon, CPR partnered with Disability Rights North Carolina (DRNC) to pursue an initiative and potential litigation to expand supported employment services and eliminate reliance on segregated sheltered workshops in North Carolina. 

In April 2021, the Syracuse Law Review convened a Symposium to celebrate the 30th anniversary of the ADA.  Several disability practitioners and professors presented papers and prepared articles for a special volume of the Review.  CPR’s Legal Director, Steven Schwartz, and Managing Attorney, Kathryn Rucker, authored a seminal article on class certification under the ADA titled: The Commonality of Difference: A Framework for Obtaining Class Certification in ADA Cases After Wal-Mart.

Fueled by the publicity surrounding Ms. Spears’ case, the U.S. Senate Judiciary’s Subcommittee on the Constitution announced its intention to hold a hearing to look at due process problems associated with guardianship and to explore possible solutions. CPR, Quality Trust, the ACLU, and a number of other organizations and allies worked over a six-week period to influence the focus of the hearing and to ensure that there was ample testimony by people with disabilities and their families about the difference that Supported Decision-Making has made in the lives of people.