The headquarters of the United States Department of Justice in Washington. (Liu Jie/Xinhua/Zuma Press/TNS)
DENVER – Colorado agreed to do more to prevent the unnecessary isolation of thousands of people with physical disabilities who were confined to nursing homes, settling a federal lawsuit that claimed state health officials illegally segregated too many people.
U.S. Justice Department officials announced the agreement this month. Colorado officials have committed to taking the following actions by February 2026:
— Help thousands of nursing facility residents move
Advertisement – Continue reading below
— Identify people at risk of unnecessary confinement
— Provide the information necessary to make decisions.
— Help people with disabilities find accessible and affordable housing
— Connect people to Medicaid long-term care services
— Promote opportunities for people with disabilities to control their care
— Support family caregivers
“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,” said US Deputy Attorney General Kristen Clarke.
A 32-page agreement “sends the message that people with disabilities deserve the same kind of life as everyone else, and makes clear that our family members, friends, and neighbors with disabilities add value to our lives and strengthen our communities when they can receive the services they need within their own home,” Clarke said.
It resolves a federal lawsuit filed in September 2023. Federal investigators found that Colorado violated the Americans with Disabilities Act by unnecessarily confining people with physical disabilities. They found that Colorado had more people with low care needs living in nursing homes than all but nine states.
Under the ADA, states must make services available to people with disabilities in the least restrictive and most integrated setting appropriate to their needs. Services include help with bathing, dressing, administering medications, and preparing meals.
Colorado “is violating the ADA by managing its long-term care system in a manner that unnecessarily segregates people with physical disabilities in nursing facilities and places others with physical disabilities at serious risk of unnecessary institutionalization,” federal prosecutors warned. in a March 2022 letter to Governor Jared Polis.
The lawsuit alleged that Colorado had too few home service providers, particularly those who could help people find housing that met their needs. Colorado officials periodically increased payments to nursing homes, but not to community-based providers, according to the lawsuit, contributing to the problem by making it financially unattractive to offer in-home services.
The lawsuit says the state indirectly pushed people into nursing homes by not requiring home care providers to plan for when assigned workers are sick, leading to unreliable home service. He said state health officials refused to pay for housing modifications, such as installing wheelchair ramps, for people who wanted to leave nursing homes. State agencies failed to offer help to people who needed to find accessible housing, the lawsuit alleges, and failed to inform people with disabilities about services available in the homes. Lengthy reviews of financial qualifications delayed transitions out of nursing homes, according to the lawsuit.
The Colorado Department of Health Care Policy and Financing had disputed the federal allegations. State health and attorney general officials declined to discuss the legal settlement. In a statement, HCPF officials said they negotiated to resolve the lawsuit and save taxpayers the expense of a lengthy legal battle.
“More than 83% of Colorado Medicaid members with disabilities who receive long-term services and supports receive them in their own homes and communities, rather than in an institutional setting,” said HCPF Director Kim Bimestefer. “This is a number we have worked very hard to achieve and a metric we have continued to improve each year.”
© 2024 MediaNews Group, Inc.
Distributed by Tribune Content Agency, LLC
Read more stories like this. Subscribe to Disability Scoop’s free email newsletter to get the latest news on developmental disabilities delivered right to your inbox.
