Wills, Trusts & Estates Prof Blog

Editor: Gerry W. Beyer
Texas Tech Univ. School of Law

Thursday, December 31, 2015

Mandate That People With Disabilities Be Integrated Into The Community Is Strengthened By Senate Bill

New legislationThe Disability Integration Act of 2015 which was recently introduced by Senator Charles Schumer (D-NY) “would require states and health insurers to provide services to people with disabilities in community settings rather than in institutions whenever possible, and gives grounds to sue of the requirement is not met.” Under the Americans with Disabilities Act there is an “integration mandate” to give people a right to live in the least restrictive setting possible. Even though the Supreme Court has upheld this integration mandate States continue to create lengthy waiting lists for community-based Medicaid services and they also cap the services that are provided. The new legislation would require states to develop a plan to implement community-based programs and could open them up to lawsuits if they are not in full compliance.

See Senate Bill Would Strengthen Mandate That People With Disabilities Be Integrated in the Community, Special Needs Answers, December 30, 2015.

https://lawprofessors.typepad.com/trusts_estates_prof/2015/12/mandate-that-people-with-disabilities-be-integrated-into-the-community-strengthened-by-senate-bill.html

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