The METO Lawsuit and Jensen Settlement Agreement

Interviews about the METO Lawsuit and Jensen Settlement Agreement were conducted with Shamus O'Meara, Counsel for the Plaintiff; Steve Larson, The Arc Minnesota; Pamela Hoopes, Minnesota Disability Law Center; Roberta Opheim, Ombudsman Office for Mental Health and Developmental Disabilities; and Self Advocates.

Shamus O'Meara, Counsel for the Plaintiffs

At the December 1, 2011 Fairness Hearing before United States District Court Judge Donovan Frank, the METO Settlement Agreement was accepted. Judge Frank issued the official Order on December 5, 2011. In this interview with Shamus O'Meara, counsel for the Plaintiffs in the METO class action lawsuit, he talks about his decision to take the case, the legal issues involved, and some of the critical aspects of the Settlement Agreement, including the focus on staff training around person centered planning, and the establishment of both an Olmstead Committee and Rule 40 Committee.

An article appeared in the St. Paul Pioneer Press on December 2, 2011.

• Introduction
• Decision to Take the Case
• Legal Issues
• What is a Settlement Agreement?
• What Does the Settlement Agreement Cover?
• Training
• Olmstead
• Rule 40
• Person Centered Planning
• Schedule
• Shedding Light

Steve Larson, The Arc Minnesota

• Introduction
• What is METO?
• What Went Wrong?
• What is Positive Planning?
• What is an Olmstead Plan?
• What is Rule 40?
• Alternative Approaches to Behavior Issues
• The Need for Sunshine and Community Inclusions
• How Can the Public Get Involved?

Pamela Hoopes, Minnesota Disability Law Center

• Introduction
• MDLC Investigation at METO
• Person Centered Planning
• Procedures For Use of Restraints
• Community Based Staff Training
• Discharge Planning
• Monitoring Access to Agencies
• Where to Go with Questions and Concerns?

Roberta Opheim, Ombudsman Office for Mental Health and Developmental Disabilities

• Introduction
• The Initial Call
• The Minnesota Department of Health Report
• OMHDD Investigation at METO
• Behavior is Communication
• Findings from the Investigation
• METO's Position on the Use of Restraints
• The Problem with Using Restraints
• Improving the Communication with Families

Self Advocates

• What Kind of Training Should Staff Have?
• How Should Staff React When I'm Frustrated?
• What Do You Expect of Staff?
• What is Person Centered Planning?
• Restraint
• The "R" Word
• Little Steps, Big Dreams

Documents Related to the METO Lawsuit and Jensen Settlement Agreement

On June 23, 2011, United States District Court Judge Donovan Frank signed an Order granting preliminary approval of a $3 million Class Action Settlement in the METO lawsuit.

• The Stipulated Settlement Agreement and Related Court Documents (6/23/11)
• Final Approval Order by the Federal District Court, filed on December 5, 2011, and Stipulated Jensen Settlement Agreement
• METO Class Action Settlement Agreement Claims Process
• METO Settlement Agreement Summary of Key Points
• "Just Plain Wrong" – Report from the Office of the Ombudsman for Mental Health and Developmental Disabilities
• Court Order and Memorandum Regarding Settlement Funds (2/14/2012)
• Considerations for Committee Work Regarding Minnesota Rules 9525.2700 – 9525.2810 (Known as Rule 40)

In response to issues raised by the Social Security Administration regarding Settlement Funds apportioned to Class Members and their affect on Social Security benefits and eligibility for benefits, Judge Donovan Frank, United States District Court, District of Minnesota, issued this Order on April 23, 2012.

• Court Order appointing an independent advisor and monitor to assess and monitor implementation of the Settlement Agreement.

On September 14-15, 2012, the Ombudsman Office for Mental Health and Developmental Disabilities conducted an unannounced visit to MHSH-Cambridge (formerly METO). This report includes their observations, progress made, and overall findings, and is a followup to their 2008 report, Just Plain Wrong.

• Ombudsman: Site Visit Cover Letter 9/27/12
• Ombudsman: Cambridge Monitoring Report

On June 11, 2013, the Court Monitor filed this Status Report on Compliance regarding the Jensen Settlement Agreement with the Federal District Court, District of Minnesota.

• Signed by Commissioner Lucinda Jesson, Minnesota Department of Human Services, on July 29, 2013, this Statement includes the principles intended to be adopted by all programs and services licensed or certified by the Department.
• Recommendations on Best Practices and Modernization of Rule 40 (7-2-13)