In a June 18 legal opinion, the Department of Justice wrote that states are not required to provide community-based or in-home care for people with disabilities, breaking with decades of federal disability policy. The opinion calls into question the “integration mandate” established by the U.S. Supreme Court’s 1999 decision in Olmstead v. L.C., which “bans the unnecessary segregation of people with disabilities” and entitles them to live and receive support services in their communities rather than institutions. Mental health and disability advocates and legal experts called the opinion “potentially devastating,” suggesting it “signals a frontal attack” on disability rights.
Recommendation
The Justice Department’s recent opinion reinterpreting long-standing federal disability protections has caused concern and confusion about its potential impact on people with mental and intellectual disabilities. Health communicators may explain that the opinion does not change any laws and that states are still required to follow existing court decisions, including the 1999 integration mandate. Emphasizing that many major disability and civil rights groups have condemned the Justice Department’s opinion is recommended, as is explaining the significance of the Olmstead decision and the integration mandate.
