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DOJ: Idaho Violating ADA with Lack of Services for People with Physical Disabilities

The U.S. Department of Justice has notified Idaho that its long-term care system for adults with physical disabilities violates the Americans with Disabilities Act. The state’s reliance on institutional care and limited community services has been flagged as discriminatory.

Limited Community-Based Services: A Barrier for Idahoans with Disabilities

Last week, the Department of Justice (DOJ) sent a stern letter to Idaho Governor Brad Little, outlining serious concerns regarding the state’s care system for people with physical disabilities. The letter, dated Thursday, reveals that Idaho is failing to comply with the Americans with Disabilities Act (ADA) by not providing sufficient community-based services.

For years, advocates have highlighted the problem of placing individuals with disabilities into institutional settings rather than offering them appropriate care in their communities. The DOJ’s investigation uncovered troubling evidence that Idaho has been over-relying on nursing facilities, with many residents of these institutions being capable of living in community-based settings if given the proper support.

One of the critical findings is that a significant portion of Idaho’s disabled population could thrive outside nursing homes, but only if they had access to the right resources. The DOJ report stresses that these individuals are being unjustly segregated from their communities due to the state’s failure to provide adequate services.

“Idaho limits access to community-based services by limiting the capacity of community-based services and failing to authorize such services,” the DOJ states in its report. This has caused many people to be placed in settings that do not align with their needs, isolating them from society at large.

Idaho State Capitol Boise

State’s Response and the Strain on Resources

In Idaho, the number of residents in nursing homes who are under 65 is alarmingly high, with many of these individuals being younger and having low care needs. The DOJ’s report underscores that 65% of Idahoans residing in nursing facilities have expressed a desire to live in their communities, yet 82% of them had no active plan for discharge as of October 2024. These numbers suggest a significant gap between the state’s services and the actual needs of its population.

Mel Leviton, Executive Director of the State Independent Living Council (SILC), has long criticized the state’s low Medicaid reimbursement rates and the high caseloads that caregivers face. These issues, according to Leviton, have caused people to be forced into institutional care against their will, simply because there aren’t enough direct care workers to support them at home.

In a 2023 testimony to the Joint Legislative Oversight Committee, Leviton shared emotional stories of individuals who were pushed into nursing homes after failing to secure home care workers. These are people who, with adequate support, could have continued living independently in their homes.

Despite these ongoing concerns, the DOJ’s investigation points to a major failure on the part of the state to remedy the situation. Even after a report commissioned by the Idaho Legislature in 2022 highlighted the inadequacy of community-based services, no significant efforts have been made to expand these services or improve the conditions for people with disabilities.

Economic Impacts and Potential Solutions

Addressing the deficiencies in Idaho’s care system isn’t just a matter of ensuring equal access for individuals with disabilities—it could also help the state save money in the long run. The DOJ’s letter highlights that expanding community-based services and directing more resources toward existing programs could improve the lives of many Idahoans while simultaneously lowering Medicaid expenditures.

The state’s over-reliance on institutional care, particularly when it’s unnecessary, comes with significant costs. By shifting the focus to home and community-based services, the state could create a more sustainable system for long-term care.

The DOJ is urging Idaho to take swift action to address the systemic issues outlined in its report. Failure to do so could lead to further legal consequences, as the state would remain in violation of federal law. Currently, it’s unclear how Governor Little’s office plans to address these concerns, especially since the state is already dealing with pending litigation on similar issues.

For many in the disabled community, this recent development is a long-overdue acknowledgment of the struggles they’ve faced. The hope is that the state will take immediate action to ensure that people with physical disabilities can live in the community, not isolated in nursing homes that don’t meet their needs.

In a meeting with the State Independent Living Council, Leviton confirmed that the Idaho Department of Health and Welfare (IDHW) had been cooperative with DOJ investigators. The state will likely convene soon to discuss how to address the findings, although it remains unclear whether those discussions will be public.

Looking Ahead: The Path to Change

The road to addressing these issues is long and complicated, but there is hope that Idaho will make meaningful strides toward improving its services for people with disabilities. Expanding community-based services, adjusting Medicaid reimbursements, and providing better support for caregivers are all critical steps toward a more inclusive and equitable system.

However, the clock is ticking for Idaho. As the DOJ continues to monitor the state’s progress, the pressure is on to ensure that changes are made that truly benefit people with physical disabilities. Anything less would continue to violate the principles of the Americans with Disabilities Act and the rights of Idahoans who deserve to live with dignity and independence.

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