Sixth Circuit Cases: Kentucky, Michigan, Ohio & Tennessee
Circuit Status: MODERATE ENFORCEMENT – Limited federal Olmstead settlements; state-level advocacy and administrative enforcement critical.
Ohio
Ball v. Kasich, 2:16-cv-282 (S.D. Ohio)
- Focus: HCBS waiting lists and serious risk of institutionalization for people with disabilities
- Status: Active litigation addressing HCBS access and community placement
- P&A: Disability Rights Ohio
- State Agency: Ohio Department of Medicaid
Tennessee
John B. v. Emkes (formerly John B. v. Goetz), 3-98-0168 (M.D. Tenn.)
- Focus: EPSDT services for Medicaid-eligible children with disabilities
- Status: Long-running case addressing access to early periodic screening, diagnosis, and treatment services
- P&A: Disability Rights Tennessee
- State Agency: Tennessee Department of Health Care Finance and Administration
Kentucky
Status: No major active federal Olmstead consent decrees identified. State administrative and P&A enforcement mechanisms available.
- P&A: Disability Rights Kentucky
- Medicaid & HCBS: Kentucky Cabinet for Health and Family Services
Michigan
Status: No major active federal Olmstead consent decrees identified. State advocacy and administrative enforcement through P&A.
- P&A: Disability Rights Michigan
- Medicaid & HCBS: Michigan Department of Health and Human Services
Enforcement Strategy in the Sixth Circuit
With limited major federal Olmstead settlements, advocates in this region should focus on:
- State Medicaid administrative appeals for HCBS waiver denials and long waiting lists
- ADA Title II and Section 504 claims in addition to Olmstead arguments
- EPSDT enforcement (as shown in Tennessee case) for children’s access to services
- Protection & Advocacy investigations of institutional placement patterns
- State-level litigation and legislative advocacy for HCBS expansion
Resources: National Disability Rights Network | DOJ Civil Rights Division Disability Rights Cases | CMS Medicaid HCBS Waiver Information