Sixth Circuit Dismisses Challenge to Plaintiffs’ Class-wide Settlement Agreement in Ball v. DeWine

The Sixth Circuit of Appeals has upheld a Settlement Agreement in this class action brought on behalf of thousands of individuals with intellectual and developmental disabilities who expressed an interest in moving from Intermediate Care Facilities (ICF) to integrated community programs. The Court rejected an appeal of the Settlement Agreement brought by the parents of two non-class members who opposed efforts by the State to expand community services. The Settlement Agreement requires the State development disability agency and county programs to provide options counseling to ICF applicants and residents, to expand access to home and community-based waiver services, and to fund millions of dollars of new housing programs.  Implementation of the Settlement Agreement is ongoing.