Trueblood, et al v. Washington State Department of Health and Human Services et al

Filing 403

ORDER ON REQUEST FOR ADDITIONAL CLARIFICATION AND GUIDANCE; Defendants' proposal to be submitted to plaintiffs and Court Monitor by 5/12/17; Court Monitor and plaintiffs to submit comments to defendants by 5/19/17; by 6/2/17 parties to file with Court their plans; Status Hearing set for 6/5/2017 at 9am by Judge Marsha J. Pechman. (RS)

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UNITED STATES DISTRICT COURT
WESTERN DISTRICT OF WASHINGTON
AT SEATTLE

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CASSIE CORDELL TRUEBLOOD, et
al.,

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Plaintiffs,
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CASE NO. C14-1178 MJP
ORDER ON REQUEST FOR
ADDITIONAL CLARIFICATION
AND GUIDANCE

v.
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WASHINGTON STATE
DEPARTMENT OF SOCIAL AND
HEALTH SERVICES, et al.,

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Defendants.
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In response to Defendants’ Request for Additional Clarification and Guidance from the

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Court (Dkt. No. 397), and having considered Plaintiffs’ Response (Dkt. No. 402) and consulted

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with the parties at the April 18, 2017 status hearing, the Court issues the following additional

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clarification and guidance:

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Defendants are ordered to prepare (1) a “step-down plan” outlining their proposal to

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create, either in the state hospitals or other suitably therapeutic environment, bed space for class

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members outside of the Yakima and Maple Lane facilities; and (2) a time table for the transfer of

ORDER ON REQUEST FOR ADDITIONAL CLARIFICATION AND GUIDANCE - 1

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the class members staged to begin upon the notification of the outcome of the federal site

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evaluation (e.g., “Notification + 10 days: Transfer of class members begins”). If the outcome of

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the federal site evaluation is a continuation of the review process, Defendants will produce

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documentation that moving class members into the hospitals would violate the requirements of

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the continued review process. Defendants’ proposal is to be submitted to the Plaintiffs and the

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Court Monitor by no later than May 12, 2017, and should cover the Defendants’ proposed

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response to all three eventualities presented by the pending CMS review of Western State

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Hospital (i.e., the facility is certified, the facility is not certified, or the certification process is

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extended for a period of time).

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Plaintiffs and the Court Monitor are ordered to submit their comments to Defendants by
no later than May 19, 2017.

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By June 2, 2017, the parties are ordered to file with the Court their agreed-upon plans (as

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outlined above) or a unified document representing their areas of agreement and their areas of

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disagreement. (The Court Monitor may submit additional comments separately, as she sees fit.)

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The plans will be discussed at the next status hearing, scheduled for June 5, 2017, 9:00
a.m..

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The clerk is ordered to provide copies of this order to all counsel.

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Dated: April 19, 2017.

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A
Marsha J. Pechman
United States District Judge

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ORDER ON REQUEST FOR ADDITIONAL CLARIFICATION AND GUIDANCE - 2