Judiciary Committee, Energy and Commerce Committee
Introduced
In Committee
On Floor
Passed Chamber
Enacted
This legislation seeks to clarify and strengthen the integration mandate of the Americans with Disabilities Act of 1990, as affirmed by the Supreme Court in Olmstead v. L.C. Its primary purpose is to ensure that every individual eligible for long-term services and supports (LTSS) has a federally protected right to be integrated into their community. This includes receiving community-based services that allow them to live independently, ideally in their own homes, and to have maximum control over their care. The bill specifically prohibits public entities and LTSS insurance providers from discriminating against individuals with LTSS disabilities. Discrimination encompasses various actions, such as imposing eligibility criteria or service caps that prevent access to community-based services, failing to provide necessary community-based services, or implementing policies that interfere with an individual's opportunity to live independently. It also addresses the use of waiting lists that delay access and the failure to ensure an adequate workforce to support community living. A key aspect of the bill is its detailed definition of "community-based" services and settings, emphasizing integration into the greater community, individual choice, privacy, and autonomy. An "individual with an LTSS disability" is defined as someone needing assistance with daily living, instrumental activities, or health-related tasks, who is either institutionalized or at risk of institutionalization. Public entities and LTSS insurance providers must offer and provide these community-based services to eligible individuals. To ensure compliance, the bill mandates that public entities and LTSS insurance providers conduct a self-evaluation of their current services, policies, and practices within 36 months of enactment. Those not in full compliance must submit a transition plan to the Administrator of the Administration for Community Living within 54 months, aiming for full compliance within 12 years. These plans must include measurable objectives for transitioning individuals out of institutions, address funding, and ensure public participation. Furthermore, the legislation requires entities to review and improve community capacity for affordable, accessible, and integrated housing, ensuring choices not tied to disability-specific settings or tenancy. The Attorney General is tasked with investigating and enforcing violations, while the Secretary of Health and Human Services reviews transition plans and identifies barriers to community living. Individuals subjected to violations can also institute civil actions for preventive relief, including damages and injunctive orders to prevent or reverse institutionalization.
Referred to the Committee on Energy and Commerce, and in addition to the Committee on the Judiciary, for a period to be subsequently determined by the Speaker, in each case for consideration of such provisions as fall within the jurisdiction of the committee concerned.
Referred to the Committee on Energy and Commerce, and in addition to the Committee on the Judiciary, for a period to be subsequently determined by the Speaker, in each case for consideration of such provisions as fall within the jurisdiction of the committee concerned.
This legislation seeks to clarify and strengthen the integration mandate of the Americans with Disabilities Act of 1990, as affirmed by the Supreme Court in Olmstead v. L.C. Its primary purpose is to ensure that every individual eligible for long-term services and supports (LTSS) has a federally protected right to be integrated into their community. This includes receiving community-based services that allow them to live independently, ideally in their own homes, and to have maximum control over their care. The bill specifically prohibits public entities and LTSS insurance providers from discriminating against individuals with LTSS disabilities. Discrimination encompasses various actions, such as imposing eligibility criteria or service caps that prevent access to community-based services, failing to provide necessary community-based services, or implementing policies that interfere with an individual's opportunity to live independently. It also addresses the use of waiting lists that delay access and the failure to ensure an adequate workforce to support community living. A key aspect of the bill is its detailed definition of "community-based" services and settings, emphasizing integration into the greater community, individual choice, privacy, and autonomy. An "individual with an LTSS disability" is defined as someone needing assistance with daily living, instrumental activities, or health-related tasks, who is either institutionalized or at risk of institutionalization. Public entities and LTSS insurance providers must offer and provide these community-based services to eligible individuals. To ensure compliance, the bill mandates that public entities and LTSS insurance providers conduct a self-evaluation of their current services, policies, and practices within 36 months of enactment. Those not in full compliance must submit a transition plan to the Administrator of the Administration for Community Living within 54 months, aiming for full compliance within 12 years. These plans must include measurable objectives for transitioning individuals out of institutions, address funding, and ensure public participation. Furthermore, the legislation requires entities to review and improve community capacity for affordable, accessible, and integrated housing, ensuring choices not tied to disability-specific settings or tenancy. The Attorney General is tasked with investigating and enforcing violations, while the Secretary of Health and Human Services reviews transition plans and identifies barriers to community living. Individuals subjected to violations can also institute civil actions for preventive relief, including damages and injunctive orders to prevent or reverse institutionalization.
Referred to the Committee on Energy and Commerce, and in addition to the Committee on the Judiciary, for a period to be subsequently determined by the Speaker, in each case for consideration of such provisions as fall within the jurisdiction of the committee concerned.
Referred to the Committee on Energy and Commerce, and in addition to the Committee on the Judiciary, for a period to be subsequently determined by the Speaker, in each case for consideration of such provisions as fall within the jurisdiction of the committee concerned.