The U.S. Department of Justice has determined that Idaho is unlawfully segregating adults with physical disabilities in nursing facilities, violating the Americans with Disabilities Act (ADA) and the Supreme Court’s landmark Olmstead v. L.C. decision. The findings, outlined in a letter to Governor Brad Little, follow an extensive investigation into the state’s services for individuals with physical disabilities.
The Justice Department’s investigation revealed that many Idaho residents with physical disabilities could live independently at home with appropriate support services, such as assistance with daily activities. However, the state’s limited access to these services has forced many individuals to remain in nursing homes, where they often stay for years or even decades, despite preferring to live in the community.
Assistant Attorney General Kristen Clarke emphasized that people with disabilities should have the right to live independently in their homes, instead of being confined to institutions. “The Justice Department is committed to ensuring that people with disabilities can access the services they need to live at home and be full participants in their communities,” Clarke said.
The department’s findings highlight the discrepancy between the high costs of nursing facility care and the more affordable, community-based services that could allow individuals with disabilities to remain in their homes. In fact, the state’s annual cost per person for nursing home care is significantly higher than the cost of providing home-based services.
U.S. Attorney Josh Hurwit for the District of Idaho voiced confidence that the state would work to address the violations, emphasizing that older Idahoans and those with disabilities deserve the right to remain in their homes as their needs increase.
The Justice Department has called on Idaho to remedy these issues to ensure individuals with disabilities can receive the necessary services in the most integrated setting. The investigation was conducted by the Civil Rights Division’s Disability Rights Section with support from the U.S. Attorney’s Office for the District of Idaho.
