Common Contracts

Re: Joseph S. et al. v. Hogan et al, Index No. 6­cv­1042 (E.D.N.Y.) ­­ Settlement Agreement

September 29th, 2011

• Filed
  September 29th, 2011

As promised, we have reviewed the settlement stipulation that was “so ordered” by the court on September 6, 2011 (the “Settlement Agreement”) in Joseph S. et al. v. Hogan et al, Index No. 6­cv­1042 (E.D.N.Y.) (Judge Cogan). In the Joseph S. case, the plaintiffs, two nursing home residents diagnosed with mental illness and the Disability Advocates, Inc., alleged that nursing homes are not the proper care settings for the mentally ill and sought to require the defendants (Office of Mental Health and Department of Health) to make treatment available for individuals with mental illness in a community­based setting. Specifically, plaintiffs claimed that the defendants violated the Americans With Disabilities Act, the Rehabilitation Act, and the Nursing Home Reform Act enacted in OBRA ’87. Set forth below is our summary of the Settlement Agreement pertaining to nursing home residents.