People with disabilities fear service cuts as DOJ questions legal protections
Summary
The U.S. Department of Justice (DOJ) recently said federal laws do not require states to provide services that keep people with disabilities living at home instead of in institutions. This changes a previous legal understanding based on a 1999 Supreme Court ruling that protected the rights of disabled people to live in the community instead of being forced into institutions.Key Facts
- Amanda DeSimone-Shabrack depends on Medicaid-funded home healthcare for her autistic son.
- The DOJ issued an opinion in June saying states are not legally required to help disabled people stay in their homes.
- This reverses a 1999 Supreme Court decision that protected disabled people from unnecessary institutionalization.
- Advocacy groups are concerned this change could undermine legal protections for about 45 million disabled Americans.
- Some states are using the DOJ’s opinion to argue against laws that require community-based services for disabled people.
- Medicaid service reductions, combined with new federal policies, may limit care options for people with disabilities.
- The Department of Health and Human Services says it still supports equal rights and access to community services for disabled individuals.
- Democrats criticize the DOJ opinion as harmful and have introduced a resolution urging its reversal.
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