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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)
Clarke, Kristen M. (District of Columbia)
Last updated Aug. 30, 2023, 2:25 p.m.
Docket sheet not available via the Clearinghouse.State / Territory: Colorado
Case Type(s):
Special Collection(s):
Key Dates
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
Defendant Type(s):
Case Details
Causes of Action:
Americans with Disabilities Act (ADA), 42 U.S.C. §§ 12111 et seq.
Special Case Type(s):
Available Documents:
Outcome
Prevailing Party: None Yet / None
Nature of Relief:
Source of Relief:
Issues
General:
Access to public accommodations - privately owned
Disability and Disability Rights:
Discrimination-basis:
Disability (inc. reasonable accommodations)
Type of Facility: