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Wednesday, August 31, 2016

Long HCBS Waiting Lists May Be Illegal

The Olmstead decision, mentioned earlier, requires placement in “integrated settings” when the individuals are medically cleared, they express a desire for such settings, and the resources are available. Olmstead assumed that states would provide long-term services and supports through home and community-based services (HCBS). Again, autistic adults often face long waiting lists. State officials reported that an estimated 110,039 people with intellectual and developmental disabilities were waiting for residential services in 2012. 
Michelle Diament reports at Disability Scoop:
Being on a waiting list for community-based services may be evidence enough that an individual with developmental disabilities is at risk for institutionalization in violation of the Americans with Disabilities Act, according to the U.S. Department of Justice.
In a statement of interest filed this month, the Justice Department said that if individuals with developmental disabilities are not receiving services in the community, they may have a claim that their rights have been violated.
“Non-institutionalized individuals with disabilities who are not currently receiving state-funded home- and community-based services may bring a claim that a public entity has placed them at risk of institutionalization or segregation in violation of the ‘integration mandate’ of Title II of the Americans with Disabilities Act,” the federal filing indicates.