This training will answer questions about the Jensen Settlement Agreement. When you are finished with this training, you should be able to:
The Lawsuit & Settlement
In July of 2009, the families of three individuals being served in the Minnesota Extended Treatment Options (METO) program filed a lawsuit against DHS. This lawsuit was expanded to include all individuals being served at METO between July 1, 1997 through May 1, 2011 as a single class, meaning the decision of the court would apply to all of them.
The lawsuit alleged that the METO program used restraint and seclusion in a way that broke the law and violated the rights of the individuals.
Jensen v. Minnesota Department of Human Services Lawsuit.Rather than a trial, both the people who brought the lawsuit and the State of Minnesota agreed to settle the case.
In December of 2011 the court approved the Jensen Settlement Agreement with the understanding that the court would oversee the agreement to make sure all parties did what they said they would.
In 2012, Federal District Court Judge Donovan Frank appointed David Ferleger, Esq., as the court monitor to make sure the agreement is being followed.
The Jensen Settlement Agreement results in major changes to the way DHS treats people in its programs. DHS agreed:
The Jensen Settlement Agreement results in major changes to the way DHS treats people in its programs. DHS agreed:
As part of the Jensen Settlement Agreement:
Implementing the Jensen Settlement Agreement
On March 12, 2014, a Comprehensive Plan of Action (CPA) was adopted by the court.
The CPA outlines the path the department will take to come into compliance with the terms of the Settlement Agreement.
As part of the CPA, DHS agreed to establish the Jensen Implementation Office, which will be responsible for management of this plan.
The CPA is broken up into three parts:
DHS officially closed the METO program June 30, 2011 and replaced it with the Minnesota Specialty Health System (MSHS)-Cambridge.
DHS also agreed to close MSHS-Cambridge, which was closed August 30, 2014 and replaced with Minnesota Life Bridge Program
Minnesota Life Bridge Program
Class Member - All individuals who were subjected to the use of any aversive or deprivation procedures, including restraints or seclusion while a resident at the METO program at any time(s) from July 1, 1997 through May 1, 2011.
In addition to Class Members, individuals who received treatment at MSHS-Cambridge between July 1, 2011 until August 30, 2014 are all included in the Therapeutic Follow-up Group.
Current Person-Centered Plan
Positive Behavior Supports
Functional Behavior Assessment
Most Integrated Setting
Therapeutic Follow-up
Rule 40 governs the use of aversive and deprivation procedures in licensed facilities that serve persons with developmental disabilities.
The new rule
In 2013, Minnesota created an Olmstead Plan to improve how it serves people with disabilities. This was important because:
Minnesota can’t fully thrive if people aren’t able to live in a place and a way that’s best for them. This is segregation.
Healthy, educated, employed, stable people are the heart of strong, respectful, thriving communities. When our community thrives, we all benefit.
The Olmstead Plan will help achieve a Better Minnesota for all Minnesotans, because it will help Minnesotans with disabilities have the opportunity, both now and in the future, to:
The aim of Minnesota’s Olmstead Plan is to build communities that welcome, engage and respect people with disabilities at the highest level possible and more than ever before.
Whole Person |
The Seven Domains
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Minnesota’s Olmstead Plan aspires us to make a difference for people in our communities. Simply working hard is not good enough. To be successful, we need to improve the options for Minnesotans with disabilities.
To do this we are beginning to measure in three areas:
Improving people’s lives is the right thing to do. It’s also the law.
Our Olmstead Plan complies with:
Both of these laws prohibit discrimination against people with disabilities.
The Olmstead Plan is named after a landmark civil rights case that reached the U.S. Supreme Court. The Court’s decision defined the rights of people with disabilities.
The Olmstead Plan spells out a thorough approach to transform our system so people with disabilities can be fully integrated into their community.
When we meet the Plan’s goals, Minnesota will again set the highest standards for disability services in the nation. We will become a model for other states and communities to follow.
Most importantly, the Plan will improve the lives of all Minnesotans.
You can get more information and read Minnesota’s complete Olmstead Plan on the Olmstead Office’s website.
Charting a New Course
DHS must use its best efforts to make sure lead agencies (Counties, Tribal Nations and Managed Care Health Plans) and providers are following the same best practices in their programs that have been adopted in DHS programs.
This may mean changes in rate setting or contracts, or changes in rules and statutes to require that counties and providers update their services.
As part of the Jensen Settlement Agreement DHS has agreed:
As part of the Jensen Settlement Agreement, DHS has agreed:
Jensen Settlement Agreement Training Videos
These videos will help you get a fuller picture of the Jensen Settlement Agreement.
Jensen Settlement Agreement Training Videos
These videos will help you get a fuller picture of the Jensen Settlement Agreement.
Jensen Settlement Agreement Training Videos
These videos will help you get a fuller picture of the Jensen Settlement Agreement.