The Justice Department recently announced a settlement agreement with the state of Colorado, securing a future where people with physical disabilities can live more independently. According to the U.S. Department of Justice, the state had violated the Americans with Disabilities Act (ADA) and the Supreme Court's Olmstead v. L.C. ruling. These violations include unnecessarily segregating adults in nursing facilities rather than providing options for community-based living.
As a result of the settlement, thousands of Coloradans with physical disabilities were given the chance to either move out of nursing facilities or avoid admission entirely, enabling them to receive essential services at home. These services encompass assistance with daily life activities such as "bathing, dressing, managing medications and preparing meals." Assistant Attorney General Kristen Clarke said, as per the U.S. Department of Justice, "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."
The lawsuit against Colorado not only spotlighted the state's failures but also emphasized the widespread ignorance among nursing facility residents and their families regarding the availability of in-community services. For many living within these institutions, the possibility of an at-home life remains an unexplored option.
To facilitate this shift from institutionalized living, Colorado has committed to several measures under the agreement. They plan to help residents transition back into the community and connect them swiftly to Medicaid long-term care services. Additionally, the settlement aims to empower those with disabilities to manage their care by "Increase opportunities for people with disabilities to hire and supervise their own caregivers," according to Acting U.S. Attorney Matt Kirsch, as obtained by the U.S. Department of Justice. The state has also pledged to address common barriers to community transition and to bolster services that help individuals secure affordable, accessible housing.
