In recognition of the 12th anniversary of the Supreme Court’s Olmstead decision, the United States Department of Justice issued an extremely  important and comprehensive “Statement on Enforcement of the Integration Mandate” of the ADA and Olmstead.

This document will be of interest to all supporters of home  care.  It is DOJ’s “technical assistance guide.” All advocates should download it and use it in your advocacy efforts. Quote it in your briefs in Court. Quote it in your meetings with government officials. Cite it in your letters to the editor and opinion editorials. This document represents the official position of the highest law enforcement agency in the country.

The original statement has 18 questions.  Here are just two that apply directly to home care and the battle we are currently fighting to save IHSS from state budget cuts:

Can budget cuts violate the ADA?

“Yes, budgets cuts can violate ADA when significant funding cuts to community services create a risk of institutionalization or segregationb&. In making budget cuts, public entities have a duty to take all reasonable steps to avoid placing individuals at risk of institutionalization or segregation including making exceptions to the service reductions or to provide alternative services to individuals who would be forced into institutions as a result of such cuts.”

May the ADA require a State to provide additional services than are provided in their Medicaid program?
 
“A state’s obligations under the ADA are independent from the requirements of the Medicaid program. The ADA may require states to provide services beyond what a state currently provides under Medicaid.” “Caps do not exempt state from serving additional people in the community by seeking a modification of a waiver to remove the cap.”

Download /view the entire report here: http://www.ada.gov/olmstead/q&a_olmstead.htm