The Disability Integration Act of 2017 (H.R. 2472) (S. 910)

Background:

In Olmstead v. L.C. (1999), the Supreme Court ruled that individuals with disabilities have the right to live in the community, but even today, not all people with disabilities in the United States are given that meaningful option. The Disability Integration Act of 2017 (DIA) aims to combat this issue by ensuring that all states provide long-term services and support (LTSS) to individuals with disabilities in community-based settings, such as the individual’s own home. Supporters of the DIA legislation seek to provide a life that is as independent as possible for those individuals who can “handle and benefit” from the choice of living in a community-based living situation. This would allow individuals with a disability to have access to their greater community and have the opportunity to participate in economic, social, and educational advancement.

The bill also further enforces the American with Disabilities Act’s (ADA) mandate on integration, by ensuring that every individual that qualifies for LTSS has a “federally protected right” to become integrated into an community, and would create an extensive “state planning requirement” that imposes objectives on states to help transition individuals out of institutions. Furthermore, there is a requirement in the DIA for states to annually publish a public report about the number of individuals with disabilities who continue to be served in institutions versus in their communities, as well as the number of individuals who have made the transition.

Status:

The Senate version of this bill was introduced in April 2017 by Charles “Chuck” Schumer [D-NY] and referred to the Senate Committee on Health, Education, Labor, and Pensions. The House version of this bill was introduced in April 2017 by James Sensenbrenner [R-WI-5] and referred to the House Judiciary committee as well as the House Energy and Commerce Committee.

Key Terms:

Long Term Service and Support – Level of care that requires assistance with everyday tasks such as getting out of bed, getting dressed, fixing meals, and managing chores.

Institutions – Federally funded residential facilities that assume full time care. Many institutions have different Medicaid eligibility requirements and may limit the types of services an individual may be able to receive.

Community-Basedservices or supports that are provided to an individual with an LTSS disability to enable that individual to live in the community and lead an independent life.

Supporting Organizations:

ADAPT

Adaptive Adventures

Advance CLASS

Advocates for Justice

American Association of People with Disabilities (AAPD)

Association of Programs for Rural Independent Living (APRIL)

Association of University Centers on Disabilities (AUCD)

Autistic Self Advocacy Network (ASAN)

Bazelon Center for Mental Health Law

Brain Injury Association of America

Center for Public Representation

Center for the Human Rights of Users and Survivors of Psychiatry

Disability Rights Education & Defense Funds (DREDF)

DREAM – Disability Rights, Education, Activism, & Mentoring

Everyday Psych Victims Project

Getting Back Up

Griffin-Hammis Associates, Inc.

Law Project for Psychiatric Rights

Leadership Conference on Civil and Human Rights

Little People of America

Medicare Rights Center (MRC)

MindFreedom International

National Academy of Elder Law Attorneys (NAELA)

National Coalition for Mental Health Recovery

National Council on Aging (NCOA)

National Council on Independent Living (NCIL)

National Disability Leadership Alliance (NDLA)

National Disability Mentoring Coalition

National Disability Rights Network

National Down Syndrome Congress

National Organization of Nurses with Disabilities (NOND)

Not Dead Yet (NDY)

Paraprofessional Healthcare Institute (PHI)

Parent to Parent USA

Post-Polio Health International

Self Advocates Becoming Empowered (SABE)

Service Employees International Union (SEIU)

Solve ME/CFS Initiative

TASH

The ADA Legacy Project

The Community Consortium

The Congress of Disabled Persons Against Exploitation

The Sunrise Group

Transverse Myelitis Association

United Cerebral Palsy

United Spinal Association

Cosponsors:

Senate

Casey, Robert P., Jr. [D-PA]

Warren, Elizabeth [D-MA]

Baldwin, Tammy [D-WI]

Leahy, Patrick J. [D-VT]

Sanders, Bernard [I-VT]

Hassan, Margaret Wood [D-NH]

Gillibrand, Kirsten E. [D-NY]

House

Conyers, John, JR. [D-MI-13]

Slaughter, Louise McIntosh [D-NY-25]

Norton, Eleanor Holmes [D-DC-At Large]

Tonko, Paul [D-NY-25]

Blunt Rochester, Lisa [D-DE-At Large]

Ruppersberger, C. A. Dutch [D-MD-2]

Lieu, Ted [D-CA-33]

Cohen, Steve [D-TN-9]

DeGette, Diana [D-CO-1]

Clay, Wm. Lacy [D-MO-1]

Moore, Gwen [D-WI-4]

DeFazio, Peter A. [D-OR-4]

O’Rourke, Beto [D-TX-16]

Davis, Danny K. [D-IL-7]

Doggett, Lloyd [D-TX-35]

Brady, Robert A. [D-PA-1]

Eshoo, Anna G. [D-CA-18]

Visclosky, Peter J. [D-IN-1]

Green, Gene [D-TX-29]

Donovan, Daniel M., Jr.  [R-NY-11]

Jackson Lee, Sheila [D-TX-18]

Lewis, John [D-GA-5]

Lujan Grisham, Michelle [D-NM-1]

Schakowsky, Janice D. [D-IL-9]

Pocan, Mark [D-WI-2]

Perlmutter, Ed [D-CO-7]

Maloney, Sean Patrick [D-NY-18]

Radewagen, Aumua Amata Coleman [R-AS-At Large]

Johnson, Eddie Bernice [D-TX-30]

Evans, Dwight [D-PA-2]

Walz, Timothy J. [D-MN-1]

Raskin, Jamie [D-MD-8]

Kind, Ron [D-WI-3]

 

Materials and Resources: