⚖️ Protecting the Rights of People with Intellectual and Developmental Disabilities
Ensuring Access • Promoting Equity • Safeguarding Dignity
🛡️ Legal Protections as Fundamental Safeguards
Federal Laws Ensuring Access to Essential Care for Individuals with Severe Autism, IDD, or Comorbid Conditions
Federal statutes such as the Americans with Disabilities Act (ADA) and the Social Security Act provide foundational guarantees for access to medically necessary care.
- Intermediate Care Facilities for Individuals with Intellectual Disability (ICF/IID) services are explicitly defined at the federal level and are supported by Medicaid.
- These legal frameworks are designed to ensure that individuals with complex needs have equitable access to appropriate services.
- Denial of appropriate services may be considered discriminatory under federal law.
Key Federal Legislation:
- Americans with Disabilities Act (ADA): Prohibits discrimination in public services, including healthcare.
- Social Security Act & Medicaid: Define and fund ICF/IID services for individuals with significant support needs.
- Section 504 of the Rehabilitation Act: Mandates equal access to federally funded programs.
Conclusion: Refusing to provide suitable services to eligible individuals may constitute discrimination in violation of federal law.
🧠 The Right to the Right Level of Care
The Supreme Court’s Olmstead v. L.C. decision affirms:
- Individuals must receive care in the most integrated setting appropriate.
- For some, that means ICF/IID-level care—not group homes or HCBS.
- Closing Wrentham and Hogan without alternatives risks violating this right.
States must make available ICF/IID services to all Medicaid-eligible individuals who meet the level-of-care criteria.
Centers for Medicare & Medicaid Services (CMS)
📣 Law as a Tool for Justice
The Saving Wrentham and Hogan Alliance stands for:
- ✅ Transparent, lawful decision-making
- ✅ Preservation of intensive care options
- ✅ Equal access for all levels of disability
Nothing in the ADA or its implementing regulations condones termination of institutional settings for persons unable to handle or benefit from community settings
Olmstead decision
WHEN THE LAW IS IGNORED, LIVES ARE PUT AT RISK
WHEN IT’S UPHELD, DIGNITY AND SAFETY ARE RESTORED