Compliance
Litigation
Several federal lawsuits have influenced the Division of Mental Retardation Services’ (DMRS) service system over recent years. Following is background on the litigation.
Arlington Developmental Center Remedial Order
In January 1992, the U.S. Department of Justice sued the State of Tennessee for violations of the Civil Rights of Institutionalized Persons Act (CRIPA) at the Arlington Developmental Center. Since November 1993, the facility has been under a U.S. District Court order to correct conditions at the facility. A court-appointed monitor ensures that Arlington Developmental Center complies with the terms of the remedial order. The remedial monitor’s staff review treatment programs at Arlington twice a year and also performs quarterly reviews of community services in West Tennessee.
Clover Bottom/Greene Valley Developmental Center Settlement Agreement
In April 1996, DMRS entered into a settlement agreement with the advocacy group People First, which had sued the state, charging violations of CRIPA at Clover Bottom and Greene Valley Developmental Centers. The United States Department of Justice strongly suggested that the state settle and, in December 1996, sued the state to become a party in the settlement negotiations. A four-member Quality Review panel is required to monitor the developmental centers and community annually. In March, 2006 a Federal Court in Nashville dismissed Greene Valley from the part of the lawsuit involving institutional conditions at the center. Work continues, and progress is being made on bringing Clover Bottom into compliance with the settlement agreement.
Brown Waiting List Settlement
In 2000 a lawsuit was filed by Tennessee Protection and Advocacy on behalf of Medicaid eligible citizens of Tennessee who are on the waiting list for services provided through DMRS, or who have been denied the opportunity to apply for services. A settlement agreement was signed on June 15, 2004. The settlement agreement required DMRS to seek approval of a new Self-Determination Waiver, which was approved by the Centers for Medicare and Medicaid Services in January 2005. Case managers are assigned to each person on the waiting list
to assist them with accessing services through DMRS, as well as other generic resources within their communities. Also, DMRS is required to execute a public relations campaign to inform people about how to apply for services ,as well as what types of services are available. One program instituted is the Consumer Directed Supports Program which provides a small amount of money for individuals and their families to use to purchase a small amount of service sand supports while they are waiting for waiver services.
