Protecting Equal Access to ICF/IID Services for People with Disabilities
⚖️ What Is Section 504 of the Rehabilitation Act?
Section 504 is a federal civil rights law that prohibits discrimination against individuals with disabilities in any program or activity that receives federal financial assistance—including Medicaid-funded services and state-operated facilities.
🏥 How Section 504 Applies to Intermediate Care Facilities for Individuals with Intellectual Disabilities (ICF/IID) Services
Intermediate Care Facilities for Individuals with Intellectual Disabilities (ICF/IID) are federally defined and Medicaid-supported.
States that specify ICF/IID care in their state Medicaid plan (like Massachusetts) must:
• Offer ICF/IID care to eligible individuals
• Ensure equal access regardless of disability severity
• Avoid policies that exclude or delay access to appropriate services
Refusing ICF/IID placement—or closing facilities without alternatives—may violate Section 504 if it denies individuals the care they need based on disability.
🚫 What Violates Section 504?
• Treating ICF/IID as a “last resort” rather than a valid first-line option
• Requiring individuals to “fail” in community placements before considering ICF/IID
• Closing Wrentham and Hogan without ensuring equal access to equivalent care
• Denying admission to IDD services based on disability severity or behavioral complexity
🧠 Why This Matters
Individuals with severe intellectual and developmental disabilities or those with IDD and complex chronic medical conditions often need:
• 24/7 medical and behavioral support
• Structured environments often not available in group homes or in other Home and Community-Based Services (HCBS)
• Long-term stability and safety
Section 504 protects their right to receive these services without discrimination.
📣 Advocacy Message
The Saving Wrentham and Hogan Alliance stands for lawful, equitable access to care.
Section 504 affirms that individuals with the most complex needs must not be excluded from intensive care options like ICF/IID. Massachusetts must uphold this right—not undermine it through restrictive policies or facility closures.
Legal Resources:
• Section 504 Overview – ADA.gov