The U.S. Department of Health and Human Services (HHS) Office for Civil Rights (OCR) has reaffirmed its steadfast dedication to safeguarding the civil liberties of individuals with disabilities. In a recent agreement with the State of Iowa, OCR has taken decisive action to enforce federal disability rights laws, ensuring that persons with disabilities receive the necessary support and services to live independently in their homes and communities.
The backstory
The investigation stemmed from a complaint filed by Garrett Frey, who alleged that the State of Iowa had violated his rights by failing to provide him with the 24-hour home-based support and services he required to continue living at home. This complaint served as a catalyst for OCR's intervention, proving the agency's commitment to upholding the rights of individuals with disabilities.
Iowa agreed to participate in OCR's Expedited Complaint Resolution process, a collaborative approach that enabled the state to work closely with Mr. Frey and OCR to implement the necessary support services for him to continue living in his own home.
Going deeper
OCR's action was grounded in three pivotal federal laws: Section 504 of the Rehabilitation Act of 1973, Section 1557 of the Affordable Care Act, and Title II of the Americans with Disabilities Act. These laws collectively mandate that services be provided in the most integrated setting appropriate to the needs of an individual with a disability, including within their own home and community.
What was said
“As we approach the 25th anniversary of the Supreme Court’s Olmstead decision affirming the rights of people with disabilities to live at home and in their communities, OCR continues to vigorously enforce these Federal rights,” said OCR Director Melanie Fontes Rainer. “Our resolution with Iowa represents OCR’s continued efforts to protect and ensure the civil rights of all individuals. The steps that Iowa took can serve as a model for other states to meet their legal obligations and tailor services to meet an individual’s needs.”
In the know
The corrective actions taken by the Iowa State Department of Health and Human Services were tailored to address Mr. Frey's specific requirements. These actions included:
- Raising the provider reimbursement rate to attract and retain qualified caregivers.
- Allowing for respite services, which provide short-term coverage for primary caregivers, ensuring continuity of care.
- Expanding the provider base to offer a sufficient array of services and support options.
- Securing necessary providers for overnight and nursing services, ensuring round-the-clock care.
Why it matters
The actions taken by OCR in the case of Garrett Frey and the State of Iowa exemplify the agency's unwavering commitment to upholding the civil rights of individuals with disabilities. By enforcing federal disability rights laws and ensuring that individuals receive the necessary support and services to live independently in their homes and communities, OCR is paving the way for a more inclusive and equitable society where the rights and dignity of all individuals are respected and protected.
Farah Amod
