Lack of Community-Based Services May Violate ADA If people with developmental disabilities can’t access community-based services because of waiting lists—with no recourse other than moving to an institution that meets their needs—their rights under the Americans With Disabilities Act (ADA) may be violated, according to the U.S. Department of Justice. The department filed a statement of interest ... News in Brief
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News in Brief  |   November 01, 2016
Lack of Community-Based Services May Violate ADA
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Special Populations / Healthcare Settings / Regulatory, Legislative & Advocacy / News in Brief
News in Brief   |   November 01, 2016
Lack of Community-Based Services May Violate ADA
The ASHA Leader, November 2016, Vol. 21, 9. doi:10.1044/leader.NIB3.21112016.9
The ASHA Leader, November 2016, Vol. 21, 9. doi:10.1044/leader.NIB3.21112016.9
If people with developmental disabilities can’t access community-based services because of waiting lists—with no recourse other than moving to an institution that meets their needs—their rights under the Americans With Disabilities Act (ADA) may be violated, according to the U.S. Department of Justice.
The department filed a statement of interest in a case filed earlier this year against the state of Ohio by Disability Rights Ohio on behalf of residents with developmental disabilities living or at risk for placement in institutions.
People with disabilities who do not receive state-funded home- and community-based services may claim that a public entity has placed them at risk of institutionalization, the statement of interest says, in violation of the ADA provision that entitles people with disabilities to access services in the most integrated setting possible.
The suit, known as Ball v. Kasich, alleges that Ohio’s disability service system violates the ADA by offering immediate institutional placements, but imposing years-long waits for community-based offerings. According to the Justice Department, a continuous denial of services may be enough to suggest that individuals are at risk of institutionalization.
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November 2016
Volume 21, Issue 11