The HHS announced a resolution with the Delaware Department of Health and Social Services following a failure to meet their responsibilities towards an individual with a disability.
What happened
On December 18, 2024, the HHS Office for Civil Rights (OCR) announced a resolution agreement with the State of Delaware Department of Health and Social Services to enforce federal disability rights laws. The agreement resolved a complaint alleging that an individual with a disability had been unnecessarily confined in a nursing home for four years following an acute hospitalization.
The confinement occurred because Delaware failed to provide the necessary medical equipment, home modifications, and support services for the individual to live at home. The action by OCR relied on federal civil rights laws, including Section 504 of the Rehabilitation Act of 1973, Section 1557 of the Affordable Care Act, and Title II of the Americans with Disabilities Act.
Going deeper
The corrective actions include:
- Delaware conducted risk assessments to identify the individual’s specific needs.
- The state supplied specialty medical equipment and made necessary home modifications.
- Personal support services were provided to enable the individual to live at home.
- Delaware facilitated the individual's discharge from the nursing home and transferred her to her modified family home on October 15, 2024.
- Delaware created a personalized care plan addressing the individual's ongoing personal care and support needs.
- The state committed to regularly reviewing the services to ensure they remain adequate.
- Delaware designated officials to address any potential issues with the individual's support services.
What was said
OCR Director Melanie Fontes Rainer notes, “ States must ensure they support community-based placement and independent living to the fullest extent of the law, so people with disabilities are not denied the right to live in their homes and communities. Twenty-five years after the Supreme Court made these legal protections clear in Olmstead, OCR’s unwavering commitment to enforce these legal protections for individuals with disabilities is equally clear.”
Related: HIPAA Compliant Email: The Definitive Guide
FAQs
What were the rights issued by the Supreme Court in Olmstead?
Olmstead v. L.C. affirmed that individuals with disabilities have the right to receive state-funded services in the community rather than being unjustly segregated in institutions.
What is an Expedited Complaint Resolution?
It is a process designed to quickly address and resolve complaints like the one exhibited in this case.
What is the function of the Department of Health and Social Services?
They are responsible for overseeing public health programs, providing social services, and ensuring access to healthcare resources for individuals and families in a community.
Kirsten Peremore
