C.K. v. Bassett, Eastern District of N.Y.

Executive Summary

Plaintiffs are two children on Medicaid who have been deprived of the intensive mental health services necessary for them to remain safely at home and in their communities, as required under the Medicaid’s Early and Periodic Screening, Diagnostic, and Treatment mandate. Plaintiffs filed this action on behalf of a class of Medicaid eligible children as well as children unnecessarily segregated in residential treatment facilities and other segregated settings, or at serious risk of institutionalization. The case is filed against defendants Mary T. Bassett, Commissioner of the New York State Department of Health, and Ann Marie T. Sullivan, Commissioner of the New York State Office of Mental Health, both named in their official capacities. Plaintiffs allege systemic violations of the Medicaid Act, 42 U.S.C. §§ 1396a(a)(10), 1396a(a)(43)(A)-(D); 42 U.S.C. §§ 1396d(a)(4)(B), 1396d(r)(1)-(5); 42 U.S.C. § 1396a(a)(8), the Americans with Disabilities Act, 42 U.S.C. § 12132, and Section 504 of the Rehabilitation Act of 1973, 29 U.S.C. § 794.