National Advocacy, Provider Organizations Raise Alerts About Risks to Section 504 and Olmstead Protections

Several national advocacy and provider associations issued alerts regarding the Federal DOJ proposal to disregard many of the protections afforded to individuals with disabilities under Section 504 and the Olmstead decision, prioritizing community integration and living in the least restrictive community settings. The DOJ settlement proposal in the Texas v Kennedy lawsuit regarding the Section 504 and Olmstead protections suggests that these guidelines are not enforceable, and removing any consequences for non-enforcement.

Below are some of the comments issued by the associations:

• ADA Watch, a Program of the Coalition for Disability Rights and Justice (CDRJ) – “Defend Community Integration”
• AJMC – “DOJ Abandons Olmstead Defense as Texas v Kennedy Advances”
• American Civil Liberties Union (ACLU) – “Statement of National Disability Organizations on the Department of Justice’s Proposed Resolution of Texas v. Kennedy”
• Justice in Aging – “Statement on Department of Justice’s Proposed Resolution of Texas v. Kennedy”
• The ARC – “DOJ Proposal Targets Section 504 Integration Protections”

Earlier this year, RCPA submitted comments to CMS about the risks associated with the loss of these protections. Additionally, RCPA has advocated for passing Pennsylvania legislation to place these protections in Pennsylvania law. Your organization can help legislators understand the need for such legislation as you advocate with legislators.

If you have any questions, contact Fady Sahhar.