From Disability Scoop – By Michelle Diament –
In a new twist in a long-running lawsuit, a coalition of states is challenging the right of people with disabilities to live and receive services in the community as opposed to institutions.
Nine states are arguing that a 2024 update to U.S. Department of Health and Human Services regulations related to Section 504 of the Rehabilitation Act is unconstitutional. In particular, the states are taking issue with what’s known as the “integration mandate.”
The rule in question says that state and local governments and other entities receiving funding from HHS must serve people with disabilities in the most integrated setting appropriate. Further, the rule indicates that it can be a violation of Section 504 if people with disabilities are put at serious risk of unnecessary institutionalization. Running afoul of the rule could mean states lose out on federal funds.
“The Final Rule exceeds the legitimate scope of Section 504 of the Rehabilitation Act and the Americans with Disabilities Act,” Texas and eight other states said in an amended complaint filed with the U.S. District Court for the Northern District of Texas in late January. “The Final Rule’s unlawful provisions regulating institutionalization should be set aside for exceeding the scope of HHS’s authority under Section 504 and the ADA. Neither statute empowers HHS to mandate community-based care or to regard as discriminatory care that involves the mere prospect of institutional care.”
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