OCR’s work ensures that people with disabilities receive services in the most integrated environment that meets their needs.
Today, the U.S. Department of Health and Human Services (HHS) Office for Civil Rights (OCR) announced an agreement with the State of Iowa to enforce federal disability rights laws. The investigation is based on a complaint filed by Garrett Frey, who alleges that the State of Iowa violated his rights by failing to provide him with the 24-hour in-home supports and services he needed to continue living at home. OCR’s action is based on three federal statutes: Section 504 of the Rehabilitation Act of 1973 (Section 504), Section 1557 of the Affordable Care Act (Section 1557), and Title II of the Americans with Disabilities Act. All of these statutes require that services be provided in an integrated setting that best meets the needs of individuals with disabilities, including in their homes and communities.
“As we approach the 25th anniversary of the Supreme Court’s Olmstead decision, which recognized the right of people with disabilities to live in their homes and communities, OCR will continue to vigorously enforce these federal rights,” said OCR Director Melanie Fontes Reiner. “The settlement with Iowa represents OCR’s ongoing efforts to protect and guarantee the civil rights of all individuals. The steps Iowa has taken will serve as a model for other states to meet their legal obligations and tailor services to individuals’ needs.”
The State of Iowa agreed to participate in OCR’s expedited complaint resolution process and to work with Mr. Frey and OCR to fully implement the 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:
Increase provider reimbursement rates; Allow respite services (short-term coverage for primary caregivers); Expand the provider base to ensure there are enough providers; Ensure needed providers for overnight and nursing services.
OCR will continue to monitor the steps the State of Iowa takes over the next six months to ensure services are stable and appropriate for Mr. Frey to continue living at home.
A copy of the corrective action record can be found here: https://www.hhs.gov/sites/default/files/mca-ecr-between-hhs-iowa-dhhs.pdf
This action is the latest in a series of efforts OCR has taken to promote and protect the civil rights of people with disabilities, which includes issuing final rules under Section 504 of the Rehabilitation Act of 1973 and Section 1557 of the Affordable Care Act.
OCR is committed to advocating for the rights of individuals with disabilities and their right to live in the most integrated environment possible.
If you believe that you or another person has been discriminated against because of race, color, national origin, disability, age, sex, or religion in a program or activity operated directly by HHS or for which HHS provides Federal financial assistance, you may file a complaint with the HHS Office for Civil Rights at https://www.hhs.gov/ocr/complaints/index.html.