SECOND AMENDED SETTLEMENT AGREEMENTOctober 10th, 2022
FiledOctober 10th, 2022The Second Amended Settlement Agreement (SASA), signed on October 22, 2018, was entered into between the Cabinet for Health and Family Services (CHFS) and Kentucky Protection and Advocacy (P&A) in the interest of Kentuckians with Serious Mental Illness (SMI) currently residing in free-standing Personal Care Homes (PCHs), who receive State Supplementation pursuant to KRS 205.245 and 921 KAR 2:015, and who are not opposed to community placement; or those with SMI at risk of entry into a PCH, who would be eligible for State Supplementation, and who are not opposed to community placement. In the Agreement, the Cabinet acknowledged that PCHs are institutions covered by the Americans with Disabilities Act (ADA), 42 U.S.C. §12131, et seq., Olmstead v. L.C., 527 U.S. 581 (1999), and Section 504 of the Rehabilitation Act of 1973, 29 U.S.C. §794(a), and agreed to provide Housing Assistance as defined in the SASA to 1,275 persons by September 30, 2021.