Olmstead: Community Integration for Everyone
In 2009, the Civil Rights Division launched an aggressive effort to enforce the Supreme Court's decision in Olmstead v. L.C., a ruling that requires states to eliminate unnecessary segregation of persons with disabilities and to ensure that persons with disabilities receive services in the most integrated setting appropriate to their needs. President Obama issued a proclamation launching the "Year of Community Living," and has directed the Administration to redouble enforcement efforts. The Division has responded by working with state and local governments officials, disability rights groups and attorneys around the country, and with representatives of the Department of Health and Human Services, to fashion an effective, nationwide program to enforce the integration mandate of the Department's regulation implementing title II of the ADA.
What's New?
ILADD v. DHS – 13-CV-01300 – (E.D. IL 2013) - On April 15, 2013, the United States filed a Statement of Interest in ILADD v. Quinn. Plaintiffs seek a preliminary injunction to stop the planned closure of two state-run centers for people with developmental disabilities. Read more
T.H.
et al. v. Dudek et al., 0:12-cv-60460 (S.D. Fla. 2013)
On April 10, 2013, the United States filed a Statement of Interest opposing
Florida officials' Motion to Dismiss, and in support of plaintiffs' Motion for
Class Certification. The plaintiffs' complaint alleges that the State of
Florida unnecessarily institutionalizes Medicaid-eligible children who are
medically fragile in nursing facilities, or places them at risk of
institutionalization, by limiting access to medically necessary services in the
community, in violation of the ADA, Section 504 of the Rehabilitation Act, and
the Early and Periodic Screening, Diagnosis and Treatment ("EPSDT") provisions
of the Medicaid Act. The complaint also alleges that Florida has violated
the Pre-Admission Screening and Resident Review ("PASRR") provisions of the Nursing
Home Reform Amendments to the Medicaid Act by failing to fully evaluate
children before admitting them to nursing facilities. The United States
previously filed a Statement of Interest opposing a prior motion to dismiss in
June 2012. Read More
Lane v. Kitzhaber – 12-CV-00138 – (D. OR 2012) On March 27, 2013, the United States filed a Motion to Intervene in a pending class action lawsuit against the State of Oregon. The United States' accompanying Complaint in Intervention alleges violations of Title II of the ADA and Section 504 of the Rehabilitation Act for unnecessarily segregating individuals with intellectual and developmental disabilities in sheltered workshops when they could be served in integrated employment settings. Read more
Amanda D. v. Wood Hassan, 1:12-CV-53-LM (D. N.H. 2012) (formerly Lynn E. v. Lynch)
The Justice Department intervened in Amanda D. v. Wood Hassan, a lawsuit alleging that the state of New Hampshire fails to provide mental health services to people with disabilities in community settings in violation of the Americans with Disabilities Act and Section 504 of the Rehabilitation Act of 1973. Read more
Hunter v. Cook, 1:08-cv-02930-TWT (N.D. Ga. 2013)
The United States filed a Statement of Interest in Hunter v. Cook, in opposition to the state of Georgia's argument that serious risk of institutionalization is not a viable claim under Title II of the ADA. Read More