The Promise We Made to Americans with Disabilities Is Under Attack

In 1999, a pivotal Supreme Court decision, Olmstead v. Lois Curtis, affirmed that Americans with disabilities have the right to live and participate in their communities with necessary support. This decision marked a turning point in the deinstitutionalization movement, transforming lives for the better. However, recent actions by the U.S. Department of Justice (DOJ) are threatening this progress.

Last month, the DOJ released a legal memo questioning the right to receive services in the most integrated setting possible under the Americans with Disabilities Act (ADA). This memo comes in the wake of significant cuts to federal Medicaid spending and withholding of funds for community-based services, all in the name of protecting program integrity.

These actions have raised concerns about the future of home- and community-based services (HCBS), which are essential for people with disabilities. The Trump Administration has repeatedly questioned the value of HCBS, suggesting that Medicaid funds could be better spent on family caregivers. However, this perspective overlooks the crucial role of direct support professionals in providing individualized care plans, responding to behavioral crises, administering medications, and more.

Furthermore, many families lack the capacity to provide needed care, especially those with highly complex medical or behavioral needs. Dismissing the importance of HCBS could force people with disabilities back into large, isolating institutions, while also pushing family caregivers and direct support professionals out of their respective workforces.

This move not only jeopardizes the civil rights progress made possible by Olmstead but also threatens families and local economies.