Andrea Palm, Deputy Secretary | https://www.hhs.gov/about/leadership/andrea-palm.html
The U.S. Department of Health and Human Services (HHS) Office for Civil Rights (OCR) has announced an agreement with the State of Iowa to enforce federal disability rights laws. This action follows a complaint filed by Garret Frey, who alleged that Iowa failed to provide him with the necessary 24-hour home-based support and services, thereby violating his rights.
OCR's investigation was grounded in three federal laws: 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 mandate that services be provided in the most integrated setting appropriate to a person’s needs, including their home and community.
“As we approach the 25th anniversary of the Supreme Court’s Olmstead decision affirming the rights of people with disabilities to live at home and in their communities, OCR continues to vigorously enforce these Federal rights,” said OCR Director Melanie Fontes Rainer. “Our resolution with Iowa represents OCR’s continued efforts to protect and ensure the civil rights of all individuals. The steps that Iowa took can serve as a model for other states to meet their legal obligations and tailor services to meet an individual’s needs.”
Iowa agreed to participate in OCR’s Expedited Complaint Resolution process. Specific corrective actions taken by Iowa's State Department of Health and Human Services include raising provider reimbursement rates, allowing respite services for primary caregivers, expanding the provider base, and securing necessary providers for overnight and nursing services.
OCR will monitor these actions for six months to ensure stable and adequate services for Mr. Frey.
A copy of the Memorialization of Corrective Actions is available here: https://www.hhs.gov/sites/default/files/mca-ecr-between-hhs-iowa-dhhs.pdf
This action is part of OCR's ongoing efforts to advance and protect the civil rights of people with disabilities, including recent announcements related to Section 504 of the Rehabilitation Act final rule and Section 1557 of the Affordable Care Act final rule.
If you believe you have been discriminated against based on race, color, national origin, disability, age, sex, or religion in programs or activities operated by HHS or receiving federal financial assistance from HHS, you may file a complaint at: https://www.hhs.gov/ocr/complaints/index.html
