On June 18, the U.S. Department of Justice released a legal memorandum addressing the scope of the landmark Olmstead decision and the rights of disabled people to receive services in community settings rather than institutions.
Disability rights organizations across the country, including the American Association of People with Disabilities (AAPD) and the American Civil Liberties Union (ACLU), have raised significant concerns about what this memorandum could mean for the future interpretation and enforcement of disability rights.
The 1999 Supreme Court decision established that unnecessarily institutionalizing people with disabilities can violate the Americans with Disabilities Act. It became one of the legal foundations for expanding Home and Community-Based Services (HCBS) and supporting people with disabilities in living, learning, and working in their communities rather than being forced into more restrictive settings.
To be frank, these conversations are too important to ignore, and this memorandum should have you and your family concerned if you currently rely on any type of Medicaid waiver program, including but not limited to Personal Care Services, Certified Family Home, the Katie Beckett Waiver, Developmental Disability Services (both Family Directed and Traditional), the YES Program, and Behavioral Intervention support.
For many Idaho families, this isn’t an abstract policy issue. It’s the difference between:
Living at home and living in an institution.
Participation and isolation.
Having choices…the ability to choose what works for you and your family, and having none.
You can read the Department of Justice’s full Memorandum, by clicking here.
Advocates are concerned that this memorandum could narrow long-standing interpretations of the Olmstead decision and weaken protections that have helped people with disabilities live in their communities rather than in unnecessarily restrictive settings.
Whether these concerns ultimately result in policy changes remains to be seen. What is already clear is that the future of disability rights, Medicaid, HCBS, caregiver supports, and community living is being actively debated at every level of government.
As federal priorities evolve, states are likely to play an increasingly important role in determining how many of these programs are implemented.
That makes state leadership especially important for Idaho families.
Over the past several months, we’ve talked a lot about candidate surveys.
This is exactly why.
This memorandum reinforces why we’ve spent so much time preparing our candidate surveys.
Regardless of political party, elected officials make decisions that directly affect Medicaid, HCBS, disability rights, caregiver workforce policies and access to care. Families deserve to know where candidates stand before casting their ballots.
We want voters to know where local, statewide, and federal candidates stand on disability rights, Medicaid, HCBS, caregiver workforce issues, and access to care.
We want candidates to explain their positions and we think voters have a right to that information. Most of all, we want these issues to be part of the conversation before ballots are cast in November.
Every candidate seeking public office should be prepared to answer questions about the rights, dignity, and independence of disabled Americans.
First, stay informed.
Read the memo. Read the responses from disability rights organizations. Learn what is being discussed and why advocates are concerned.
Second, ask questions.
Ask candidates where they stand on disability rights. Ask how they view HCBS. Ask what they believe the future of community living should look like for disabled Americans.
And finally, help us continue this work!
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The more people paying attention to these issues, the better. We’ll continue doing our part by asking questions, sharing information, and helping voters understand where candidates stand.
Remember, we’re in this together, and together, we are making a difference.
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