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

[BumRushDaShow]

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

[LiberalArkie]

1. Everyone knows Texans do not need any of that liberal WOKE nonsense call "Mental Health Centers" as Texans do not

have any mental health problems.

[Bayard]

2. 15 year lawsuit......

No words. Many of these people are probably dead by now.

[Scalded Nun]

4. It is Texas. Fucking over the disabled, infirm and non-white is what they do.

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

[cstanleytech]

5. Part of the reason that they take property is Federal law requires that they do.

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

[LtTx]

12. See my post #11. nt

[LtTx]

11. I am not defending Tx

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.

[cstanleytech]

14. Ya, as I said States have leeway on what or how much they take.

[LtTx]

13. Care to share your sources?

[nuxvomica]

6. Another cruelty play by Abbott

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]

7. Also

“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]

8. Am ballparking it but I think that was done back when Perry was governor

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

TX needs to enact TERM LIMITS for governor.

[nuxvomica]

9. If the settlement came out in 2013, it was Perry

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]

10. Usually settlements have to get court approval

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.

[orleans]

15. " a landmark ruling a long time in the making." omg! 15 years??? 15!!! nt

[Nigrum Cattus]

16. Texass is run by troglodytes

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