All prior paragraphs are hereby incorporation by reference as though each were fully set forth  herein.   Plaintiff brings this action pursuant to Rule 23(a) and 23(b)(1) and Rule 23(b)(2) of the Federal  Rules of Civil Procedure on their own behalf and on behalf of all others similarly situated.   Plaintiff’s class consists of all individuals in Pennsylvania who are residents of Long Term Care  Facilities (LTCFs) who are disabled within the meaning of the Rehabilitation Act, for the reasons  as aforesaid.   The class is so numerous that joinder of all members is impracticable.     Upon information and belief, based on the number of LTCF residents and the number of LTCFs  in Pennsylvania, and the highly infectious nature of SARS-COV-2, that every LTCF resident is at  incipient risk for infection with SARS-COV-2, and subsequent community transmission to others.  These residents are also at immediate risk for exploitation via unauthorized biomedical research.   The laws and regulations which address the nature of this action and that form the basis of this  complaint are common to all members of the class. The relief sought will apply to all of them.   The claims of the Plaintiff are typical of the claims of the entire class. Defendant’s violation of  the laws as alleged herein has deprived Plaintiff and members of the class to be deprived of the  safety and wellbeing afforded to the rest of the public by the PA DOH. Therefore, all class  members will suffer the same or similar injuries for the purposes of the injunctive and declaratory  relief sought.   The named plaintiff is capable of fairly and adequately representing the class and protecting  interests. Counsel for the Plaintiff are attorneys with substantial class action litigation experience  as well as substantial experience in litigating on behalf of plaintiffs with disabilities. Counsel are  aware of no conflicts among members of the proposed plaintiff class.   The prosecution of separate actions by individual members of the class would create a risk of  inconsistent and varying adjudications that would establish incompatible standards of conduct for  the defendant.   The prosecution of separate actions by individual members of the class would also create a risk of  adjudications with respect to individual members which would, as a practical matter, substantially  impair the ability of other members to protect their interests.   Defendants have acted or refused to act on grounds generally applicable to the class, making  appropriate injunctive and declaratory relief with respect to the class as a whole.  All prior paragraphs are hereby incorporated by reference as though each were fully set forth at  length herein.   As a direct and proximate result of the Defendant’s actions and inactions, the Plaintiffs and their  class members have been harmed or are in danger of incipient harm as aforesaid.  All prior paragraphs are hereby incorporated by reference as though each were fully set forth at  length herein.   As a result of Defendant’s policy and practice of segregating Plaintiffs and their class members,  and as a result of denying appropriate safeguards to the residents of LTCFs, Defendant has failed  to care for its most fragile citizens and discriminated against them because of their disability.  Defendant has excluded them from appropriate oversight, protection, care, safety, wellbeing, and  all other protections afforded to the public, and those not confined to a LTCF.    As a direct and proximate result of the Defendant’s actions and inactions, the Plaintiffs and their  class members have been harmed or are in danger of incipient harm as aforesaid.  All prior paragraphs are hereby incorporated by reference as though each were fully set forth at  length herein.   As a result of Defendant’s policy and practice of segregating Plaintiffs and their class members,  and as a result of denying appropriate safeguards to the residents of LTCFs, Defendant has failed  to care for its most fragile citizens and discriminated against them because of their disability.  Defendant has excluded them from appropriate oversight, protection, care, safety, wellbeing, and  all other protections afforded to the public, and those not confined to a LTCF.    All prior paragraphs are hereby incorporated by reference as though each were fully set forth at  length herein.   As a result of Defendant’s policy and practice of segregating Plaintiffs and their class members,  and as a result of denying appropriate safeguards to the residents of LTCFs, Defendant has failed  to care for its most fragile citizens and discriminated against them because of their disability.  Defendant has excluded them from appropriate oversight, protection, care, safety, wellbeing, and  all other protections afforded to the public, and those not confined to a LTCF. Defendants are  obligated to conduct appropriate inspections and enforcement under the SSA which responsibility  they have abrogated to the detriment of the Plaintiffs and class members.   As a direct and proximate result of the Defendant’s actions and inactions, the Plaintiffs and their  class members have been harmed or are in danger of incipient harm as aforesaid.  All prior paragraphs are hereby incorporated by reference as though each were fully set forth at  length herein.    As a result of Defendant’s policy and practice of segregating Plaintiffs and their class members,  and as a result of denying appropriate safeguards to the residents of LTCFs, Defendant has failed  to care for its most fragile citizens and discriminated against them because of their disability.  Defendant has excluded them from appropriate oversight, protection, care, safety, wellbeing, and  all other protections afforded to the public, and those not confined to a LTCF. Defendants are  obligated to conduct appropriate inspections and enforcement under the SSA which responsibility  they have abrogated to the detriment of the Plaintiffs and class members.   All prior paragraphs are hereby incorporated by reference as though each were fully set forth at  length herein.   As a result of Defendant’s policy and practice of segregating Plaintiffs and their class members,  and as a result of denying appropriate safeguards to the residents of LTCFs, Defendant has failed  to care for its most fragile citizens and discriminated against them because of their disability.  Defendant has excluded them from appropriate oversight, protection, care, safety, wellbeing, and  all other protections afforded to the public, and those not confined to a LTCF. Defendant is  required under the DPCL to take all action required to prevent, identify, examine, diagnose ad  cause to be treated every potential communicable disease within the Commonwealth.    As a direct and proximate result of the Defendant’s actions and inactions, the Plaintiffs and their  class members have been harmed or are in danger of incipient harm as aforesaid.  All prior paragraphs are hereby incorporated by reference as though each were fully set forth at  length herein.   The common law has recognized the standards of the Nuremburg Code and the Declaration of  Helsinki as a source of the right of every human subject to be treated with dignity in the conduct  of a clinical trial.   The Plaintiff and the class members were not afforded these basic rights and suffered as a result.   As a direct and proximate result of the Defendant’s actions and inactions, the Plaintiffs and their  class members have been harmed or are in danger of incipient harm as aforesaid.  Violation of the Pennsylvania Disease Prevention and Control Law   Violation of 29 U.S.C. 794 – Rehabilitation Act   Violation of the Federal Nursing Home Reform Amendments (1983 Action)   Violations of the Nuremburg Code and Declaration of Helsinki   Violation of the Americans with Disabilities Act   Violation of the Social Security Act   Violation of the Affordable Care Act  