August 20, 2013
The interim agreement contains a number of commitments by the state that will positively affect numerous individuals with intellectual or developmental disabilities living in nursing facilities across Texas, including:
- Expanding community living options for individuals with intellectual disabilities and related conditions, 21 years of age or older, living in Texas nursing facilities;
- Ensuring that medical, nursing and nutritional management services and supports are available in the community, so affected individuals can receive such services in the most integrated settings appropriate to their needs;
- Providing opportunities for affected individuals to engage in community activities to the fullest extent practicable;
- Serving affected individuals in the most integrated setting possible, including facilitating options for living independently in the community;
- Attempting to avoid admitting persons with intellectual or developmental disabilities to a nursing facility if those persons can appropriately live in the community; and
- Providing educational and informational activities that address community living options for affected individuals in nursing facilities and their families.
The interim agreement is designed to resolve as many issues as possible related to the lawsuit for a limited time period, while still allowing the parties to seek a permanent resolution of the lawsuit pursuant to a comprehensive agreement.
Weil’s pro bono team, which included associates Robert Velevis and Casey Burton, worked alongside attorneys from Disability Rights Texas, the Center for Public Representation, and the U.S. Department of Justice.
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