Welcome to DU! The truly grassroots left-of-center political community where regular people, not algorithms, drive the discussions and set the standards. Join the community: Create a free account Support DU (and get rid of ads!): Become a Star Member Latest Breaking News Editorials & Other Articles General Discussion The DU Lounge All Forums Issue Forums Culture Forums Alliance Forums Region Forums Support Forums Help & Search

BumRushDaShow

(157,393 posts)
Mon Jun 23, 2025, 09:05 AM Jun 23

Judge rules Texas has been illegally placing people with severe disabilities in nursing homes for decades

Source: Texas Public Radio/NPR

Published June 22, 2025 at 9:29 PM CDT


A federal judge in San Antonio has ruled that the state of Texas for decades unnecessarily institutionalized 4,500 people with intellectual and developmental disabilities in nursing home facilities, denying them appropriate services that are required under federal law.

U.S. District Court Judge Orlando Garcia of the Western District Court of Texas on Tuesday called the violation "severe and ongoing." “Texas’ actions have caused irreparable injury to people with IDD [Intellectual and Developmental Disabilities] who are in nursing facilities,” Garcia wrote in his 475-page ruling.

Garcia said the state deprived thousands of people from "preadmission screenings, professionally appropriate assessments of their habilitative needs, specialized services to meet those needs, and active treatment."

The ruling came in a class action lawsuit filed 15 years ago on behalf of institutionalized plaintiffs represented by the Center for Public Representation, Disability Rights Texas and Sidley Austin LLP. Steven Schwartz, special counsel at the Center for Public representation, called it a landmark ruling a long time in the making.

Read more: https://www.tpr.org/public-health/2025-06-22/judge-rules-texas-has-been-illegally-placing-people-with-severe-disabilities-in-nursing-homes-for-decades

17 replies = new reply since forum marked as read
Highlight: NoneDon't highlight anything 5 newestHighlight 5 most recent replies
Judge rules Texas has been illegally placing people with severe disabilities in nursing homes for decades (Original Post) BumRushDaShow Jun 23 OP
Everyone knows Texans do not need any of that liberal WOKE nonsense call "Mental Health Centers" as Texans do not LiberalArkie Jun 23 #1
15 year lawsuit...... Bayard Jun 23 #2
This message was self-deleted by its author Bayard Jun 23 #3
It is Texas. Fucking over the disabled, infirm and non-white is what they do. Scalded Nun Jun 23 #4
Part of the reason that they take property is Federal law requires that they do. cstanleytech Jun 23 #5
See my post #11. nt LtTx Jun 23 #12
I am not defending Tx LtTx Jun 23 #11
Ya, as I said States have leeway on what or how much they take. cstanleytech Jun 23 #14
Care to share your sources? LtTx Jun 23 #13
Another cruelty play by Abbott nuxvomica Jun 23 #6
Also Diamond_Dog Jun 23 #7
Am ballparking it but I think that was done back when Perry was governor BumRushDaShow Jun 23 #8
If the settlement came out in 2013, it was Perry nuxvomica Jun 23 #9
Usually settlements have to get court approval BumRushDaShow Jun 23 #10
" a landmark ruling a long time in the making." omg! 15 years??? 15!!! nt orleans Jun 23 #15
Texass is run by troglodytes Nigrum Cattus Jun 23 #16
15 YEARS AGO Ruby the Liberal Jun 23 #17

LiberalArkie

(18,664 posts)
1. Everyone knows Texans do not need any of that liberal WOKE nonsense call "Mental Health Centers" as Texans do not
Mon Jun 23, 2025, 09:14 AM
Jun 23

have any mental health problems.

Response to BumRushDaShow (Original post)

Scalded Nun

(1,454 posts)
4. It is Texas. Fucking over the disabled, infirm and non-white is what they do.
Mon Jun 23, 2025, 09:25 AM
Jun 23

Then, after the person dies, Texas takes all their property to help offset the cost of 'taking care' of them.

cstanleytech

(27,810 posts)
5. Part of the reason that they take property is Federal law requires that they do.
Mon Jun 23, 2025, 09:30 AM
Jun 23

Though if I'm right they can set the amount to a degree over what and how much they take.

LtTx

(23 posts)
11. I am not defending Tx
Mon Jun 23, 2025, 10:39 AM
Jun 23

But every state in the nation has a Medicaid Estate Recovery Program. It is mandated by the federal government. It only comes into effect after the individual has died and there is no surviving spouse. And even then much of an estate is exempted. How do I know this? I spent the last 15 years of a 37 year RN career as an RN Medicaid field case manager in Texas largest metropolitan area. And I saw this enacted ZERO times.

nuxvomica

(13,497 posts)
6. Another cruelty play by Abbott
Mon Jun 23, 2025, 09:40 AM
Jun 23

And probably another costly one. From the link:

In 2013, the plaintiffs negotiated a settlement agreement with the state of Texas that would make community programs available as an alternative.
"At that point, a new governor took over, and the governor [Gov. Greg Abbott] repudiated the agreement and refused to sign it," Schwartz said. "So essentially, we wasted four or five years trying to negotiate a collaborative approach that would be less expensive, less intrusive, more effective, obviously timelier than a lengthy court process when the governor said, 'no thanks.' Then the court process started up."

Diamond_Dog

(37,797 posts)
7. Also
Mon Jun 23, 2025, 09:57 AM
Jun 23

“And for the four named plaintiffs, and probably many others, who died waiting for Texas to comply with federal law, this decision is a poignant testimony to their patience, perseverance, and courage.”

BumRushDaShow

(157,393 posts)
8. Am ballparking it but I think that was done back when Perry was governor
Mon Jun 23, 2025, 10:13 AM
Jun 23

(and then he later went on into infamy under 45 doing "energy stuff". )

TX needs to enact TERM LIMITS for governor.

nuxvomica

(13,497 posts)
9. If the settlement came out in 2013, it was Perry
Mon Jun 23, 2025, 10:26 AM
Jun 23

Because Abbott didn't become governor until 2015. The case started in 2010 and went on "four or five years" so maybe the article has the year 2013 wrong.

BumRushDaShow

(157,393 posts)
10. Usually settlements have to get court approval
Mon Jun 23, 2025, 10:35 AM
Jun 23

So it could have been negotiated and announced in 2013 but took some time to finalize with the courts afterwards, and by then, Abbott got in (that election was in 2014 and he probably took over in January 2015)... where he torpedoed the thing.

Nigrum Cattus

(769 posts)
16. Texass is run by troglodytes
Mon Jun 23, 2025, 02:23 PM
Jun 23

troglodyte -
1) a member of any of various peoples (as in antiquity) who lived
or were reputed to live chiefly in caves
2) a person characterized by reclusive habits or outmoded or
reactionary attitudes

Latest Discussions»Latest Breaking News»Judge rules Texas has bee...