November 2nd 2024.
The state of Colorado has recently made a commitment to prevent the unnecessary isolation of thousands of individuals with physical disabilities who have been confined to nursing homes. This comes after a federal lawsuit was filed, accusing state health officials of illegally segregating too many people based on their disabilities.
The settlement was announced on Friday by officials from the U.S. Department of Justice. As part of the agreement, Colorado officials have pledged to take certain actions by February 2026. These include helping nursing facility residents move to more suitable living arrangements, identifying individuals who may be at risk of being unnecessarily confined, and providing them with the necessary information to make informed choices. Additionally, the state will work to connect people with disabilities to accessible and affordable housing options, as well as provide them with Medicaid long-term care services. Efforts will also be made to give individuals with disabilities more control over their own care and to support family caregivers.
Assistant U.S. Attorney General Kristen Clarke emphasized the importance of this settlement, stating that people with disabilities should not have to sacrifice their independence and be isolated in nursing homes in order to receive the services they need. She added that this 32-page agreement sends a strong message that individuals with disabilities deserve the same opportunities as everyone else and that they add value to their communities when they are able to receive the necessary support and services in their own homes.
The federal lawsuit was filed in September 2023 after an investigation revealed that Colorado was violating the Americans with Disabilities Act (ADA) by unnecessarily confining people with physical disabilities. It was found that the state had a higher number of individuals with low-care needs living in nursing homes compared to most other states. Under the ADA, states are required to provide services to people with disabilities in the least restrictive and most integrated setting possible, which includes in-home care for tasks such as bathing, dressing, and meal preparation.
In a letter to Governor Jared Polis in March 2022, federal prosecutors warned that Colorado was violating the ADA by not providing services in the most appropriate setting for individuals with physical disabilities. The lawsuit also pointed out that the state had a shortage of in-home service providers, which made it difficult for individuals to find housing that met their needs. While payments to nursing homes were regularly increased, there was no such increase for providers working in the community, making it financially unattractive to offer home services.
The lawsuit also highlighted other issues such as unreliable in-home service due to a lack of contingency plans for sick workers, a failure to cover home modifications for those wishing to move out of nursing homes, and a lack of information about available services for individuals with disabilities. The lengthy process of reviewing financial eligibility for services was also cited as a barrier to transitioning out of nursing homes.
Previously, the Colorado Department of Health Care Policy and Financing (HCPF) had disputed these allegations from the federal government. However, on Friday, officials from both the health and attorney general's office declined to comment on the settlement. In a statement, HCPF director Kim Bimestefer explained that the decision to settle the lawsuit was made in order to save taxpayers from the expense of a lengthy legal battle. She also noted that the majority of Medicaid members with disabilities in Colorado receive long-term services and support in their own homes and communities, a number that continues to improve each year. Stay up to date with more Colorado news by signing up for our daily email newsletter, Your Morning Dozen.
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