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Case: DOJ ADA Investigation of Colorado's Long-Term Care System

No Court

Filed Date: Nov. 20, 2018

Case Ongoing

Clearinghouse coding complete

Case Summary

This case concerned a DOJ investigation into Colorado's use of nursing homes to provide long-term care for persons with physical disabilities. Specifically, the investigation looked into the state’s compliance with the ADA as interpreted by the Supreme Court in Olmstead v. L.C., 527 U.S. 581 (1999), which required public entities to administer services to individuals with disabilities in the most integrated setting appropriate to their needs. The DOJ opened its investigation on November 20, 201…

This case concerned a DOJ investigation into Colorado's use of nursing homes to provide long-term care for persons with physical disabilities. Specifically, the investigation looked into the state’s compliance with the ADA as interpreted by the Supreme Court in Olmstead v. L.C., 527 U.S. 581 (1999), which required public entities to administer services to individuals with disabilities in the most integrated setting appropriate to their needs. The DOJ opened its investigation on November 20, 2018 and released a findings letter on March 3, 2022. It concluded that Colorado unnecessarily segregated people with physical disabilities in nursing facilities, in violation of the ADA.

Title II of the ADA includes an integration mandate, which requires that “a public entity shall administer services, programs, and activities in the most integrated setting appropriate to the needs of qualified individuals with disabilities.” 42 U.S.C. § 12132; 28 C.F.R. § 35.130(d); Olmstead, 527 U.S. at 597. The DOJ found that Colorado used segregated nursing facilities to serve many adults with physical disabilities who do not oppose community-based services. But Colorado was failing to identify such people.

With reasonable modifications to its long-term care facilities, the DOJ said, community-based services could serve many of the physically disabled persons who do not oppose them. These modifications fell into four broad categories: (1) providing individuals with an informed choice about community-based alternatives to nursing facility care; (2) providing effective transition services; (3) expanding community-based service capacity; and (4) increasing access to integrated community-based housing opportunities.

Summary Authors

Jordan Katz (3/27/2022)

Documents in the Clearinghouse

Resources

Docket

Last updated May 11, 2022, 8 p.m.

Docket sheet not available via the Clearinghouse.

Case Details

State / Territory: Colorado

Case Type(s):

Disability Rights

Nursing Home Conditions

Special Collection(s):

Olmstead Cases

Key Dates

Filing Date: Nov. 20, 2018

Case Ongoing: Yes

Plaintiffs

Plaintiff Description:

Department of Justice

Plaintiff Type(s):

U.S. Dept of Justice plaintiff

Public Interest Lawyer: Yes

Filed Pro Se: No

Class Action Sought: No

Class Action Outcome: Not sought

Defendants

State of Colorado, State

Defendant Type(s):

Jurisdiction-wide

Case Details

Causes of Action:

Americans with Disabilities Act (ADA), 42 U.S.C. §§ 12111 et seq.

Special Case Type(s):

Out-of-court

Availably Documents:

None of the above

Outcome

Prevailing Party: None Yet / None

Nature of Relief:

None yet

Source of Relief:

None yet

Issues

General:

Access to public accommodations - privately owned

Reasonable Accommodations

Discrimination-basis:

Disability (inc. reasonable accommodations)

Disability:

disability, unspecified

Integrated setting

Type of Facility:

Government-run