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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.
Maine Home and Community-Based Services -- On June 4, 2021, the United States entered into a settlement agreement with the Maine Department of Health and Human Services (DHHS) to resolve a complaint alleging that Maine’s restrictions on services placed a young man with intellectual disabilities at serious risk of having to move from his own home to a group home or institution. Read more
U.S. v. North Carolina – No. 5:12-cv-557 -- On March 26, 2021, the United States and State of North Carolina jointly moved to modify the Agreement, which the Court granted on March 26, 2021. Read More.
M.G. v. Cuomo - 7:19-cv-630 -- On February 12, 2021, the United States filed a Statement of Interest in the case of M.G. v. Cuomo. In M.G., a class of individuals with serious mental illness allege that they are placed at serious risk of unnecessary institutionalization upon their release from prison because the State of New York administers its mental health system in a discriminatory manner that fails to provide necessary community-based metal health housing and supportive services. The Statement of Interest explains that: (1) individuals who allege serious risk of institutionalization have standing to bring a Title II claim; and (2) allegations that a public entity administers its services in a discriminatory manner state a claim under Title II.
North Dakota Settlement Agreement -- On December 14, 2020, the United States entered into a comprehensive settlement agreement with North Dakota to resolve complaints alleging that North Dakota discriminates against individuals with physical disabilities by unnecessarily institutionalizing them in nursing facilities, instead of providing them the services they need to live in the community. Read More.
SJ v. Tidball -- On June 15, 2020, the United States filed a Statement of Interest in the case of SJ v. Tidball. In Tidball, nine children with medically complex conditions and an association of parents of medically complex children allege that Missouri's methods of administering its Medicaid program put medically complex children enrolled in the program at serious risk of institutionalization. (6/16/20) Read More
Faces of Olmstead -- Read the latest updates from stories of individuals whose lives have been improved by the Olmstead decision and our enforcement efforts. (4/8/20)
Maine Home and Community-Based Services -- The United States issued a findings letter on February 10, 2020 concluding that Maine is violating the ADA’s integration mandate in its provision of services under the State’s “Home and Community Services for Adults with Intellectual Disabilities or Autism Spectrum Disorder” Medicaid waiver program (2/10/20) Read More
Alexander v. Mayhew -- On December 19, 2019, the United States filed a Statement of Interest in the case of Alexander v. Mayhew. Read More
U.S. v. Mississippi (S.D. Miss 2016) -- On September 3, 2019, the Court held in favor of the United States finding. (1/24/20) Read More
United States v. Florida – 1:13-cv-61576 – (S.D. Fla. 2013)
United States v. Rhode Island and City of Providence -- Interim settlement agreement resolved alleged discrimination against students with intellectual and developmental disabilities at Mt. Pleasant High School related to segregating students in an in-school segregated sheltered workshop and placing them at risk of segregation. The court terminated the agreement as to the City a year early based on the City’s substantial compliance with the agreement, which required the City to provide students transitional services and supports to enter integrated employment. The State of Rhode Island remains subject to the agreement. (9/26/19) Read More
West Virginia Department of Health and Human Resources – In June 2015, the United States notified West Virginia that it had reasonable cause to conclude that the State violated the Americans with Disabilities Act by unnecessarily institutionalizing children with mental health conditions in residential treatment facilities. In May 2019, we announced an agreement that resolves the Department’s investigation. Read More