U.S. Supreme Court could allow discrimination against people with disabilities in the name of “integration”

• The Department of Health and Human Services (HHS) is proposing a change to the law that would require states to provide “medical models” for people with disabilities.
• The Department of Justice is opposing the proposed change, which, according to its analysis, would undermine the legal protections for people with disabilities.
• Legal challenges are expected to follow the Supreme Court’s decision in Olmstead v. L.C., which held that people with disabilities should not be segregated in institutions.

On the other hand, the Department of Justice argues that the change would require states to provide services to people with disabilities in the least restrictive environment possible, and that it would ensure compliance with the law on civil rights.

Meanwhile, the Justice Department’s position echoes a similar argument made by Robert F. Kennedy Jr. Earlier this month, the HHS issued a notice of proposed rulemaking that would require states to use “medical models” for determining whether people with disabilities are eligible for services. The department’s proposal would also allow states to deny services to people with disabilities based on their diagnosis, even if they could benefit from community-based care.

In addition, the Justice Department says the proposed rule would violate the rights of people with disabilities by allowing states to segregate them. The department also argues that the proposed rule would undermine the integration requirement established by the Olmstead decision.

According to the legal arguments, the Supreme Court is expected to decide whether the proposed changes violate the Americans with Disabilities Act and other civil rights laws.

Magda Nakassis, a Meriden mother, has said that her 8-year-old son, who has autism and cannot speak, was denied services under the Medicaid waiver. She said the program “Fantastic Friends,” which teaches children with autism, was discontinued.

Tags: Well-being/USA/Politics