The American Association on Health and Disability (AAHD) stands with the disability community in criticizing new federal developments that affect enforcement of the Olmstead decision. Olmstead is what ensures that states comply with the Americans with Disabilities Act (ADA) and Section 504 of the Rehabilitation Act to promote community living for people with disabilities. This mandate is made possible through Medicaid Home and Community-Based Services (HCBS). We know that Medicaid HCBS is under threat due to federal funding cuts and a longstanding institutional bias that provides for institutional care over community support. With the resolution of the federal court case in Texas v. Kennedy, community living is further strained. The court case resulted in the removal of community integration rules from HHS Section 504 regulations. These changes impact enforcement of the law. Federal civil rights law has not been changed.
These changes signal that the federal government is not actively working to prevent institutionalization. We are in solidarity with our partners and allies across the disability movement who are affirming the right to community living and innovating to make sure people have dignity and choice in where they live. We will be advocating and fighting with the disability community to make sure community living is expanded and available to all, as this work continues. Below is a list of statements put out by other disability organizations on this outcome:
- Disability Rights Education & Defense Fund (DREDF) Statement
- Bazelon Center for Mental Health Law Coalition Statement
- National Council on Independent Living (NCIL) Statement
- American Association of People with Disabilities (AAPD) Statement
- Defend Community Integration Coalition Statement
- Autistic Self Advocacy Network Statement
- The Arc Statement on DOJ Olmstead Enforcement