Source: United States Department of Justice Criminal Division
The Justice Department announced today that it secured a settlement agreement to resolve its lawsuit alleging that Colorado violates Title II of the Americans with Disabilities Act (ADA) and the Supreme Court’s decision in Olmstead v. L.C. by unnecessarily segregating adults with physical disabilities, including older adults, in nursing facilities.
The ADA and the Olmstead decision require state and local governments to administer their services to people with disabilities in the most integrated setting appropriate to their needs. Today’s agreement gives thousands of Coloradans with physical disabilities the opportunity to move out of nursing facilities into the community — or avoid unnecessary nursing facility admission altogether — and receive the services they need at home. Community-based services that can help people live at home include assistance with bathing, dressing, managing medications and preparing meals.
“People with disabilities should not have to give up their lives in the community and be isolated in nursing facilities to get the services they need,” said Assistant Attorney General Kristen Clarke of the Justice Department’s Civil Rights Division. “This settlement agreement sends the message that people with disabilities deserve the same kinds of lives as others, and makes clear that our family members, friends, and neighbors with disabilities add value to our lives and strengthen our communities when they can receive the services they need right inside their own home.”
“Today’s resolution will give thousands of Coloradans with physical disabilities the information, resources, and opportunity to live in communities rather than being needlessly isolated. The agreement will also save taxpayer money by reducing state-funded institutionalization,” said Acting U.S. Attorney Matt Kirsch for the District of Colorado. “We commend our Civil Rights Division colleagues for their dedication and focus on this important issue, and we acknowledge the commitments made by the State of Colorado in this agreement.”
The department sued Colorado in September 2023, following a multi-year investigation. The lawsuit alleged that the state failed to provide adults with physical disabilities with the services they need to live at home or avoid moving into a nursing facility. In Colorado, most nursing facility residents and their families are unaware that they can receive services like nursing, personal care and housing assistance in the community. As a result, many move into, or remain in, nursing facilities even though they would prefer to live at home.
To increase community integration for adults with physical disabilities, the state has made significant commitments in this agreement to:
- Help thousands of nursing facility residents move back to the community;
- Identify people at risk of unnecessary nursing facility admission to help them stay in their homes with the services they need;
- Provide people with the information they need to make an informed choice about whether to live in a nursing facility or receive the services they need at home;
- Connect people more quickly to Medicaid long-term care services in the community;
- Increase opportunities for people with disabilities to hire and supervise their own caregivers;
- Support family caregivers;
- Facilitate prompt transitions to the community for interested nursing facility residents, by reducing administrative bottlenecks and problem-solving common transition barriers; and
- Expand and improve services that help people find and keep affordable, accessible housing in the community.
The parties have agreed that the federal district court will retain jurisdiction to enforce the agreement and that an independent monitor will evaluate the state’s compliance.
Additional information about the Civil Rights Division is available at www.justice.gov/crt.
Members of the public can report possible civil right violations at www.civilrights.justice.gov.