Federal Settlement Threatens Choice in Pennsylvania

A Federal District Court in Pennsylvania has approved a settlement agreement that families of Pennsylvania's state-operated ICF/MR residents worry could threaten their loved ones right to choose ICF/MR care. Read the decision here.

Although the approved settlement requires that only residents who "do not oppose" transfer will be moved, an express opposition is required. Silence is considered consent. Even the judge acknowledged that this requirement is problematic for those residents who have profound intellectual disabilities who are not respresented by a legal guardian and do not have involved family members. Families are concerned that these individuals will be targeted for transfer, resulting in rapid downsizing and ultimate closure of the affected facilities. More than 100 families submitted letters of objection to the Federal Court in advance of the hearing at which the proposed settlement was considered. Although the federal judge acknowledged the objection letters, calling many "eloquent," he nonetheless approved the proposed settlement.

Plaintiffs were presented by the Pennsylvania Protection and Advocacy (P&A) system.

Read the Order approving the proposed settlement and the detailed Memorandum here.