For decades, adult Oregonians with developmental disabilities could receive long term care services only in an institutional setting such as the Fairview Training Center. People who requested community-based services languished for years on wait lists, and most were never transferred to community-based care. Individuals with developmental disabilities and their families fought for years for the right to receive services in their communities in noninstitutional settings.
In 2000, 5 individuals with developmental disabilities sued the state for the right to receive community-based services. The class action Staley v. Kitzhaber lawsuit was settled in 2001. The Staley settlement increased the availability of comprehensive residential services, established the statewide brokerage service system, and ultimately eliminated the wait list for community-based services. In 2009, Oregon closed its last institution for people with developmental disabilities.
Medicaid-funded services for adults with developmental disabilities – Article written by DRO staff attorney Julia Greenfield gives background on Staley, ISPs and brokerage services.
Wrigley: One of the biggest changes is the lack of a wait list for support services. Another is increased emphasis on self-determination; in other words, customers choosing the services that work best for them. This represents a large change from the historic delivery model, which was much less interested in customer choice in community services.
A look at disability rights a decade after the Staley case (Legal news from the Daily Journal of Commerce, 4/05/12)