The Justice Department has announced a settlement agreement with the state of Colorado to address allegations that the state violated Title II of the Americans with Disabilities Act (ADA) and the Supreme Court’s decision in Olmstead v. L.C. The lawsuit claimed that Colorado unnecessarily segregated adults with physical disabilities, including older adults, in nursing facilities.
According to the ADA and the Olmstead decision, state and local governments are required to provide services to people with disabilities in settings that are most integrated and appropriate for their needs. This new agreement will enable thousands of Coloradans with physical disabilities to move out of nursing facilities into community settings or avoid unnecessary admissions altogether. Community-based services available include assistance with bathing, dressing, managing medications, and preparing meals.
Assistant Attorney General Kristen Clarke of the Justice Department’s Civil Rights Division stated, “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.” She added that this settlement emphasizes that individuals with disabilities deserve lives similar to others and contribute positively when they receive necessary services at home.
Acting U.S. Attorney Matt Kirsch for the District of Colorado remarked on the resolution's impact: “Today’s resolution will give thousands of Coloradans with physical disabilities the information, resources, and opportunity to live in communities rather than being needlessly isolated." He also noted that it would save taxpayer money by reducing state-funded institutionalization.
The lawsuit was filed against Colorado in September 2023 after a multi-year investigation revealed shortcomings in providing necessary home-based services for adults with physical disabilities. Many residents were unaware they could access such services outside nursing facilities.
To promote community integration for these individuals, Colorado has committed to several measures under this agreement:
- Assisting nursing facility residents in transitioning back into communities.
- Identifying individuals at risk of unnecessary admission into nursing facilities.
- Providing information enabling informed decisions about living arrangements.
- Enhancing connections to Medicaid long-term care services within communities.
- Increasing opportunities for self-directed caregiving.
- Supporting family caregivers.
- Facilitating smooth transitions from nursing facilities by addressing administrative challenges.
- Expanding affordable housing options within communities.
The federal district court will maintain jurisdiction over enforcing this agreement while an independent monitor assesses compliance.
For more details on the Civil Rights Division's activities or reporting civil rights violations, visit www.justice.gov/crt or www.civilrights.justice.gov respectively.