DOJ opinion says states not required to provide community-based care for disabled people under ADA
By
Sarah N. Lynch
Summary
The Department of Justice's Office of Legal Counsel issued a new opinion stating that states are not legally required under the Americans with Disabilities Act to provide community-based or home-based care for people with mental disabilities, reversing a longstanding interpretation that had been used to support deinstitutionalization. The opinion argues that the "integration mandate" of the ADA does not compel states to provide specific community-based services, which could significantly impact disabled individuals who have fought for the right to live outside institutions. Disability rights advocates have strongly criticized the opinion, warning it could lead to increased institutionalization and set back decades of progress toward community integration.
Source
bskyDOJ opinion says states not required to provide community-based care for disabled people under ADAcbsnews.comKey quotes
· 3 pulledThe integration mandate does not require the provision of community-based services to persons with disabilities who would not otherwise be entitled to such services.
This opinion is a devastating blow to the civil rights of people with disabilities and threatens to roll back decades of progress toward community integration.
The ADA was never intended to be a mandate for states to fund specific community-based services, but rather to prevent discrimination against individuals with disabilities.