A class action brought on behalf of several thousand adults with mental retardation who were without supportive services was settled on July 9, 2003. Under the terms of the settlement agreement the departments of Human Services (DHS) and Behavioral and Developmental Services (BDS) must provide eligible adults with mental retardation case management and day habilitation services in accordance with their individualized plan within 225 days of their application for the services. In addition, the departments have agreed to implement a computerized data tracking system to monitor compliance with the timeline requirements.

Under the settlement the Medicaid services at issue are: Home and Community-Based Waiver Services for Persons with Mental Retardation (MR Waiver Program); Day Habilitation Services for Persons with Mental Retardation; and Case Management Services for Adults with Mental Retardation.