The U.S. Department of Health and Human Services’ Office for Civil Rights (OCR) has reached a resolution agreement with the Idaho Department of Health and Welfare to address a civil rights complaint involving the institutionalization of a teenager with autism and behavioral health needs. This agreement is part of OCR’s ongoing Olmstead Initiative, which seeks to promote community integration for people with disabilities.
According to OCR, Idaho will secure an appropriate community placement for the teenager and identify a provider capable of meeting his support needs outside an institutional setting. The department will monitor Idaho’s progress in ensuring a seamless transition from the state treatment center to community living, maintaining continuity of care and adequate individualized services.
Federal disability rights laws such as Section 504 of the Rehabilitation Act, Section 1557 of the Affordable Care Act, and Title II of the Americans with Disabilities Act require that services be provided in integrated settings suited to individual needs. These requirements align with the Supreme Court decision in Olmstead v. L.C., which supports integration over unnecessary institutionalization.
“As a result of OCR’s actions, Idaho will meet its obligations under Section 504 and other disability rights laws to integrate a teenager with autism and behavioral health needs into community life with the individualized services to sustain successful community living,” said OCR Director Paula M. Stannard. “We applaud Idaho for engaging with the relevant parties through OCR’s expedited complaint resolution process to seriously examine its programs and resources to resolve this matter.”
The voluntary agreement includes several steps: identifying an appropriate provider, considering flexible payment rates based on staffing needs, planning for discharge from state care, and developing a person-centered plan for services in the community. After transition, Idaho agreed to maintain necessary behavioral services during and after relocation; avoid changes in services without assessment; ensure current facility staff remain available for six months post-discharge; and designate state contacts for prompt issue resolution.
Accountability measures are also included. Idaho must undergo monitoring by OCR during which service adequacy will be reviewed regularly. Updates confirming that support remains sufficient are required throughout this period.
The full text of the resolution is available at https://www.hhs.gov/sites/default/files/ocr-idhw-mca.pdf.
OCR encourages individuals who believe their civil rights or health information privacy rights have been violated to file complaints through its office. More information about recent developments in OCR’s Olmstead Initiative can be found on its Community Living and Olmstead webpage.
