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The U.S. Department of Health and Human Services’ Office for Civil Rights has entered into an agreement with the state of Iowa to enforce the federal Disability Rights Act.
The settlement was prompted by an investigation based on a complaint filed by Garrett Frey, who alleged that the State of Iowa violated his rights by failing to provide the 24-hour in-home supports and services he needed to continue living in his own home.
OCR’s action was based on three federal statutes: Section 504 of the Rehabilitation Act of 1973, Section 1557 of the Affordable Care Act, and Title II of the Americans with Disabilities Act.
According to OCR, both of these laws require that services be provided in an integrated setting (including home or community) that best meets the needs of an individual with a disability.
What are the implications?
The State of Iowa agreed to participate in OCR’s expedited complaint resolution process and to work with Mr. Frey and OCR to implement a suite of support services necessary to enable Mr. Frey to continue living in his home.
Specific corrective actions taken by the Iowa Department of Health and Human Services include increasing provider reimbursement rates, allowing respite services (short-term coverage for primary caregivers), expanding the provider base to ensure there are enough providers, and ensuring there are enough providers available for overnight and nursing services.
OCR said it will continue to monitor the steps taken by the state of Iowa over the next six months to ensure services remain stable and appropriate so Frey can continue living in his home.
Larger trends
OCR said the action is the latest in a series of efforts the organization has taken to advance and protect the civil rights of people with disabilities, which also includes issuing final rules under Section 504 of the Rehabilitation Act of 1973 and Section 1557 of the Affordable Care Act.
The final rule on discrimination on the basis of disability in health and human services programs or activities, enacted last month, clarifies and strengthens civil rights protections for people with disabilities, addresses discrimination in health care, adds enforceable standards for accessible medical diagnostic equipment, and ensures accessible web content and mobile apps.
The agency said its purpose is to protect people with disabilities from discrimination in any program or activity that receives HHS funding.
According to a 2022 Health Affairs analysis, more than 61 million Americans had a disability as of 2016. Disparities in access to and quality of health care have been observed for many groups of people with disabilities across a range of clinical settings. People with disabilities have also been found to be less likely to report satisfaction with their health care compared to people without disabilities.
Jeff Lagasse is editor of Healthcare Finance News.
Email: [email protected]
Healthcare Finance News is a HIMSS Media publication.