HHS and Delaware Forge Agreement to Uphold Disability Rights

In a significant development announced on December 18, 2024, the U.S. Department of Health and Human Services (HHS), Office for Civil Rights (OCR), has reached a resolution with Delaware’s Department of Health and Social Services. This settlement aims to enhance the enforcement of Federal disability rights laws, specifically addressing the case of an individual unnecessarily confined to a nursing home for four years due to lack of essential support services.The case came to light following a complaint that after being discharged from acute hospitalization, the individual was not provided with necessary medical equipment, home modifications, and support services that would have allowed a return to their home. Instead, the person was placed in a nursing home, highlighting a critical oversight in supporting community-based living arrangements for people with disabilities.
Key Points of the ResolutionThe agreement marks OCR's continued effort to enforce legal protections under various acts such as Section 504 of the Rehabilitation Act of 1973, Section 1557 of the Affordable Care Act, and Title II of the Americans with Disabilities Act. These laws advocate that services to individuals with disabilities should be delivered in the most integrated setting suitable to their needs, preferably within their own communities.OCR Director Melanie Fontes Rainer emphasized, "Nursing home placement should never be the automatic option after a hospital discharge. States must ensure they support community-based placement and independent living to the fullest extent of the law, ensuring that people with disabilities are not denied the right to live in their communities."Steps Taken for Resolution
To rectify the situation, Delaware engaged in the Expedited Complaint Resolution process initiated by OCR. The state has agreed to undertake specific corrective actions:

• Comprehensive assessments to determine the individual’s needs.
• Provision of specialty equipment, home modifications, and personal support to facilitate the individual's return home.
• Continuous support to the individual in their home environment, ensuring a personalized care plan and regular service reviews.
• Designation of officials to address any potential service issues.
• Monthly reporting to OCR over a nine-month monitoring period to ensure ongoing compliance.

This agreement is a part of a broader push by OCR to advance and protect the civil rights of people with disabilities, reinforcing the commitment to enabling individuals to live in their preferred settings.Importance of Compliance and Advocacy
This resolution not only highlights the necessity of state accountability in upholding disability rights but also serves as a reminder for all service providers about the importance of compliance with federal laws designed to protect the rights of disabled individuals. Organizations like us play a crucial role in helping healthcare providers understand and implement the requirements of these laws, ensuring that services are accessible and respectful of individuals' rights to live independently.For more detailed information about this resolution, you can access the Memorialization of Corrective Actions here.

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