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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1 2 3 4 5 6 7 UNITED STATES DISTRICT COURT WESTERN DISTRICT OF WASHINGTON AT SEATTLE 8 9 10 CASSIE CORDELL TRUEBLOOD, et al., 11 Plaintiffs, 12 CASE NO. C14-1178 MJP ORDER ON REQUEST FOR ADDITIONAL CLARIFICATION AND GUIDANCE v. 13 14 WASHINGTON STATE DEPARTMENT OF SOCIAL AND HEALTH SERVICES, et al., 15 Defendants. 16 17 18 In response to Defendants’ Request for Additional Clarification and Guidance from the 19 Court (Dkt. No. 397), and having considered Plaintiffs’ Response (Dkt. No. 402) and consulted 20 with the parties at the April 18, 2017 status hearing, the Court issues the following additional 21 clarification and guidance: 22 Defendants are ordered to prepare (1) a “step-down plan” outlining their proposal to 23 create, either in the state hospitals or other suitably therapeutic environment, bed space for class 24 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 1 the class members staged to begin upon the notification of the outcome of the federal site 2 evaluation (e.g., “Notification + 10 days: Transfer of class members begins”). If the outcome of 3 the federal site evaluation is a continuation of the review process, Defendants will produce 4 documentation that moving class members into the hospitals would violate the requirements of 5 the continued review process. Defendants’ proposal is to be submitted to the Plaintiffs and the 6 Court Monitor by no later than May 12, 2017, and should cover the Defendants’ proposed 7 response to all three eventualities presented by the pending CMS review of Western State 8 Hospital (i.e., the facility is certified, the facility is not certified, or the certification process is 9 extended for a period of time). 10 11 Plaintiffs and the Court Monitor are ordered to submit their comments to Defendants by no later than May 19, 2017. 12 By June 2, 2017, the parties are ordered to file with the Court their agreed-upon plans (as 13 outlined above) or a unified document representing their areas of agreement and their areas of 14 disagreement. (The Court Monitor may submit additional comments separately, as she sees fit.) 15 16 The plans will be discussed at the next status hearing, scheduled for June 5, 2017, 9:00 a.m.. 17 18 The clerk is ordered to provide copies of this order to all counsel. 19 Dated: April 19, 2017. 20 21 22 A Marsha J. Pechman United States District Judge 23 24 ORDER ON REQUEST FOR ADDITIONAL CLARIFICATION AND GUIDANCE - 2

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