A group that monitors how Alabama treats people with disabilities is under federal investigation after a series of complaints.
The U.S. Department of Health and Human Services is scheduled to visit the Alabama Disability Advocacy Program later this month to evaluate whether the organization is using public funds appropriately and complying with federal regulations.
Nancy Anderson, interim director of disability support programs, told AL.com that concerns have been raised about the organization’s work priorities this year.
“Are we able to take on every case that is brought to us? No. We have eligibility criteria that guide our work, and unfortunately, we have resource limitations that limit the number of people who can do this work,” Anderson said in a statement.
“Inevitably, we end up disappointing some people by not giving them the help they want. And finally, when we’re working with someone, can we always achieve the outcome they want? The answer is still no.”
Selvin Garcia, a program specialist overseeing the review, said the federal government received a “variety of complaints.”
“Unfortunately, we are unable to provide any additional information at this time,” Garcia said in an email to AL.com.
The Alabama Disability Advocacy Program is a federally funded agency that protects children and adults with disabilities in the state. Part of the University of Alabama School of Law, the agency is tasked with monitoring and inspecting youth psychiatric residential treatment facilities, nursing homes, and other inpatient facilities that house people with disabilities.
They also advocate for independent living and employment opportunities to ensure that students with disabilities and those receiving special education receive the support required by law.
The Department of Community Living, a division of the federal government, is conducting the survey.
The public can comment on their ADAP experience by July 31. More information can be found here.
Garcia said the possible outcome “will depend on the nature of the investigation and the severity of its findings.”
“However, in general, we provide compliance reviews, suggestions for improvement, corrective action plans and technical assistance,” Garcia said in a statement to AL.com.
The Alabama Disability Advocacy Program filed a lawsuit in 2021 and is currently in litigation with the Alabama Department of Workforce Development, alleging that the state “discriminates against foster children and youth with mental disabilities by unnecessarily isolating them in restrictive residential psychiatric treatment facilities.”
Earlier this year, ADAP filed a class action lawsuit against the Alabama Department of Medicaid and Senior Services, alleging that the agencies have violated the civil rights of thousands of disabled and elderly people who rely on assistance from the state to receive care in their communities.
“We welcome the opportunity to share our work with the site visit team — why we do it, how we do it and who we do it for,” Anderson said. “We think we’ll learn how to approach the work differently or better, and if that means a new or better way to represent Alabamians with disabilities, we welcome that learning.”