In 1999, the U.S. Supreme Court held in Olmstead v. L.C. that individuals with disabilities have the right to receive support and services while living in their communities under Title II of the Americans with Disabilities Act. The Court’s landmark decision enabled millions of Americans with disabilities, many of whom had previously been institutionalized, to reintegrate into society and lead independent, successful lives. Since the Court’s decision, millions of people with disabilities have been able to remain in their communities. However, the continued applicability of the Olmstead decision is now being questioned, with some arguing that states are not required to follow its requirements. As a result, it is essential that the Latonya Reeves Freedom Act be passed into law.
The Latonya Reeves Freedom Act would protect individuals with disabilities’ right to remain in their communities while receiving home-based care. Passage of this bill would require states to establish comprehensive plans with “enforceable and measurable objectives” to transition individuals with disabilities from institutional settings into the most integrated setting appropriate to their needs. Additionally, the Latonya Reeves Freedom Act would prevent state governments and insurers from creating barriers through policies, rules, or practices that would prevent eligible individuals with disabilities from receiving home-based care in their communities.
With the support, oversight, and approval of the Department of Health and Human Services, state governments and insurers would evaluate their policies, rules, and internal practices and eliminate any barriers that challenge individuals with disabilities’ rights to remain active members of their communities. Establishing transition plans would strengthen individuals with disabilities’ rights to receive the support they need in their preferred settings while accelerating compliance with the mandates of the Americans with Disabilities Act. Under this bill, individuals with disabilities would be better able to lead independent, fulfilling lives outside of institutional settings such as psychiatric hospitals and nursing homes.