Biden Administration Plans Crackdown On Disability Rights Violations
When she was photographed in 2018, Korrie Johnson, who has cerebral palsy, had spent 11 months living in a nursing home among residents three times her age because she couldn’t find reliable home care. (David Joles/Star Tribune/TNS)
Federal officials are strengthening enforcement of a key US Supreme Court decision that affirmed the rights of people with disabilities to receive support in the community whenever possible.
The US Department of Health and Human Services Office for Civil Rights said it is launching a new national initiative to “help advance compliance with the integration mandate and protect the rights of people with disabilities.”
In 1999, the Supreme Court ruled that people with disabilities have the right under Title II of the Americans with Disabilities Act and Section 504 of the Rehabilitation Act to receive services in the most integrated setting that is appropriate for their needs.
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The decision in the case known as Olmstead v. LC accelerated a move away from institutions in favor of serving people with disabilities in community settings. Yet more than two decades later, hundreds of thousands of people across the country remain on waiting lists to access services in the community.
The new initiative, announced this month to coincide with the 24th anniversary of the Olmstead decision, will reinvigorate enforcement and compliance efforts at the Office for Civil Rights by addressing complaints received by the office and other barriers to community life, authorities said.
In addition, the Office for Civil Rights plans to make sure that state and local entities, as well as those that receive HHS funds, understand their obligations under the ADA. And there will be technical assistance and other outreach activities to educate providers on their responsibilities and make sure stakeholders know their rights.
“Twenty-four years ago, the Supreme Court affirmed that people with disabilities have the right to live and receive services where they live. The historic ruling has allowed millions of Americans greater independence, autonomy, and opportunities to fully participate in their communities,” said Secretary of Health and Human Services Xavier Becerra. “There has been progress, but there is still a lot of work to be done. This new OCR initiative creates additional opportunities for people with disabilities to live, work, and participate in their communities.”
in a destination About the new effort, Melanie Fontes Rainer, director of the Office for Civil Rights, encouraged people to speak up about issues accessing community life.
“We welcome the public’s input into Olmstead’s individual and systemic compliance issues that would benefit from OCR’s investigative, technical assistance, and compliance activities,” he wrote. “If you believe that a person with a disability has been denied access to community-based services and supports, you may file a complaint with HHS OCR.”
Beyond Olmstead’s enforcement initiative, HHS said it also expects to propose new regulations later this year to clarify the rights protections of people with disabilities under Section 504.
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