Dunakin v. Lashway

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Dunakin v. Lashway and Teeter, No. 2:14-cv-00567-JLR, is a class action lawsuit filed in the Western District Court of Washington. The Plaintiff, Adam Dunakin, brought this case against the Secretary of the Washington State Department of Social and Health Services (DSHS) as well as the Director of Washington’s Health Care Authority (HCA) on behalf of himself and hundreds of other private nursing facility residents with intellectual disabilities and related conditions. He alleged that because DSHS and HCA had not properly screened and evaluated him and other residents with intellectual disabilities and related conditions prior to placing them in a nursing facility, these agencies were violating the “Preadmission Screening and Resident Review” or “PASRR” requirements of the federal Nursing Home Reform Act and the “Integration Mandate” of the Americans with Disabilities Act. He further alleged that because DSHS and HCA were not providing “specialized services” to address his and other residents’ intellectual disabilities and related conditions, DSHS and HCA were violating the Medicaid Act. This lawsuit sought to secure systemic reforms to implement the requirements established under these federal laws.

The Court certified a class of all individuals who:

(a) are or will be residents of Medicaid-certified, privately-operated nursing facilities in the State of Washington; and
(b) who [sic] are Medicaid recipients with an intellectual disability or related condition(s) such that they are eligible to be screened and assessed pursuant to 42 U.S.C. § 1396r(e)(7) and 42 C.F.R. § 483.122 et seq.

The Court further determined that under federal law, “intellectual disability or related conditions” include a broader group of conditions than the state’s “developmental disability” definition, and individuals may qualify for PASRR, even if they do not qualify for services from the state Developmental Disability Administration (DDA).

The parties reached a settlement agreement. On January 9, 2017, the Court held a Fairness Hearing, and ordered final approval of the Settlement Agreement.

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