STATED FAILED TO AFFORD "INSTITUTIONALIZED INDIVIDUALS" MORE OPTIONS
The United States Department of Justice recently sued the state of Colorado for failing to afford people with disabilities the ability to move back into their own homes, consistent with the “community integration” requirements of federal law, such as the Americans with Disabilities Act.
Despite formal notification from the Justice Department, the state failed to take appropriate measures to correct what were characterized as “civil rights violations.”
According to a press release issued by the DOJ, those impacted individuals were denied a “meaningful choice,” and were not afforded the option to receive the services they require outside of an institutional setting, like nursing facilities.
And, according to the federal court complaint filed by the USA, some 9000 Coloradans – known as “Institutionalized Individuals” – are currently being impacted. [See Complaint para. 72.] With the average (per-person) annual cost of community-based care for the elderly, blind, and disabled being about $30,401, while nursing facility costs average $84,197 per year. [Complaint para. 89.]
In a written statement, Assistant Attorney General Kristen Clarke of the Justice Department’s Civil Rights Division noted that, “Far too often, people with physical disabilities – including older adults – are institutionalized in nursing facilities when they could live in their own homes …. The Justice Department is steadfast in its commitment to protect the rights of people with disabilities and ensure the promise of community integration enshrined in the Americans with Disabilities Act.”
Why doesn’t Colorado care for community-based care?
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