Lawsuit Contends Pennsylvania Violated Laws Requiring Services for Mentally Retarded

A Pennsylvania coalition of advocates on May 30 filed a proposed class-action suit in Philadelphia to prevent a 30% funding cut in services for the mentally retarded proposed by Gov. Mark Schweiker (R) to counter a $1.2 billion state budget shortfall, the Philadelphia Daily News reports (Smith, Philadelphia Daily News, 5/31). The suit, filed by the Community Advocacy Coalition, alleges the state is violating Medicaid rules regarding services for the mentally retarded and calls for the funds to be prevented (Slobodzian, Philadelphia Inquirer, 5/31). The suit was filed on behalf of "all Pennsylvanians with mental retardation ... who are entitled to, in need of, but not receiving appropriate community residential and rehabilitative programs under" a plan by former Gov. Tom Ridge (R), the Daily News reports (Philadelphia Daily News, 5/31). In February 2000, Ridge announced an $853 million, five-year plan to reduce a list of approximately 14,000 people with mental retardation who were waiting for health services. In fiscal years 2001 and 2002, the state increased funding by 13% to 14% and created 1,500 more slots in residential group homes and 3,300 more placements for nonresidential services. Advocates maintain that Schweiker's fiscal year 2003 budget plan falls short of Ridge's original plan (Kaiser Daily Health Policy Report, 3/4). Stephen Whinston, a lawyer who is representing the plaintiffs in the case, said, "Our clients are in need of services ... and the commonwealth is not providing them." Steve Aaron, a spokesperson for Schweiker, said the governor was "just shocked and really disappointed that this lawsuit had been filed" (Philadelphia Daily News, 5/31). He added that the governor's proposed FY 2003 budget still would increase funding for mental retardation services by $73 million -- a 6% increase "compared with 0.6% [increases] budget-wide." Aaron said that the Ridge and Schweiker administrations "have done more for this group of people than any administration in history," adding, "The fact is that we must face reality, and that reality is a $1.2 billion deficit" (Philadelphia Inquirer, 5/31).