Ranking Members Scott, Raskin, and Pallone Urge DOJ to Rescind Its Opinion Threatening Societal Integration for People with Disabilities

Ranking Members Scott, Raskin, and Pallone Urge DOJ to Rescind Its Opinion Threatening Societal Integration for People with Disabilities

WASHINGTON - Today, Committee on Education and Workforce Ranking Member Robert C. "Bobby" Scott (VA-03), House Committee on the Judiciary Ranking Member Jamie Raskin (MD-08), and Committee on Energy and Commerce Ranking Member Frank Pallone, Jr. (NJ-06) demanded the Department of Justice (DOJ) immediately rescind its Office of Legal Counsel Opinion (Opinion) that threatens to gut enforcement of the Supreme Court's decision in Olmstead v. L.C. Olmstead is the landmark decision that allows people with disabilities to receive care at home instead of institutions.

In their letter, the Ranking Members noted that the Opinion would upend decades of bipartisan efforts to bolster access to home- and community-based services (HCBS) rather than institutionalization of people with disabilities.

"The Supreme Court's decision in Olmstead made the ADA's promise a reality for people who remained segregated in institutions even after passage of the law. The Opinion, if adopted as enforcement policy, calls into question whether Olmstead requires integration of people with disabilities to the greatest extent appropriate. It would represent a stunning reversal of decades of effort on the part of the Department across multiple Democratic and Republican administrations to enforce Olmstead, which held that unjustified segregation of persons with disabilities constitutes discrimination in violation of Title II of the ADA and Section 504 of the Rehabilitation Act," wrote the Ranking Members.

The Ranking Members also highlighted Republicans' 'Big Ugly Law' attacks on home- and community-based services despite data showing that home- and community-based services are more cost-effective and save taxpayer dollars.

"This Opinion must also be read in the context of the enactment of the One Big Beautiful Bill Act (OBBBA). Despite the frequent assertions that OBBBA would only affect 'able-bodied' Medicaid recipients and prevent fraud, the law is forcing states to make drastic cuts to Medicaid-including optional home- and community-based services that are historically the first place that states look to make cuts. In fact, several states have already proposed cuts to HCBS in the wake of OBBBA, including Colorado, Idaho, Missouri, Nebraska, Utah, and North Carolina, with more expected to follow suit … Finally, the Administration has been vocal about ensuring federal dollars are well spent, but if these efforts are genuine, its aims would be better served by favoring HCBS-which is consistently less expensive than institutional care. Recent data show that Medicaid spent an average of $36,275 per person for people who used HCBS and $47,279 per person for people who used institutional LTSS," concluded the Members.

To read the full letter, click here.

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