The Justice Department found that South Dakota violates the rights of disabled residents by only offering them nursing homes as part of state-administered treatment.
The department’s Civil Rights Division said Monday that the state is in violation of the Americans with Disabilities Act (ADA) after a 20-month investigation into its healthcare system.
“Thousands” are given no other choice but inpatient treatment through programs financed by Medicaid, DOJ found. Title II of the ADA and a 1999 Supreme Court decision require government institutions to “provide community-based services to persons with disabilities,” when reasonable.
“The great majority of individuals in South Dakota’s nursing facilities can be served in the community with appropriate supports,” the investigation concluded. About 3,400 people are in South Dakota nursing facilities through Medicaid programs overseen by the state.
Many residents of these institutions complained of a low quality of life due to highly-restrictive rules.
“A 78-year-old resident said she missed ‘everything’ about home and added, ‘I miss being able to go outside by myself.”” DOJ officials noted. “A 74-year-old Native American resident similarly reported that the nursing facility feels like ‘a prison’ because he cannot go outside without getting ‘in trouble.’”
Justice Department investigators also noted many of the facilities enforce stringent rules on smoking and drinking that “are rarely based on medical needs.”
The report praised state officials for cooperating with the probe, but noted Attorney General Loretta Lynch “may initiate a lawsuit pursuant to the ADA if we have determined that we cannot secure compliance voluntarily.”
The New York Times said on Monday that the Justice Department has opened 50 similar investigations under the Obama administration. The inquiries have led to settlements with eight states.
The White House claims the lawsuits have enabled “53,000 Americans with disabilities to leave institutions or avoid them altogether,” the Times reported. It added that about 250,000 “working-age people…are estimated to be needlessly living in nursing homes.”
