The Department of Justice and Texas Have Entered Into an Interim Olmstead Settlement Agreement

The Department of Justice (DOJ) Civil Rights Division, plaintiffs in a lawsuit against the state, and the state of Texas entered into an Interim Olmstead Settlement agreement concerning thousands of people with intellectual and developmental disabilities (I/DD) living in nursing homes. Texas has agreed to identify people with I/DD living in nursing homes and inform them about community options. The state must assist those who wish to move and provide the necessary services and supports. Texas agreed to create a system to help keep people from transferring from the hospital directly to a nursing home. Six individuals with intellectual and developmental disabilities, The Arc of Texas and the Coalition of Texans with Disabilities filed a lawsuit in 2010 and DOJ intervened in 2012 due to Texas’ failure to comply with the Americans with Disabilities Act (ADA), the Supreme Court’s decision in Olmstead v. L.C., and other laws which led to the unnecessary institutionalization of people with I/DD in nursing facilities. This interim agreement represents the first statewide Olmstead settlement on behalf of individuals with I/DD living in nursing facilities. Additional information, including briefs filed in the case and the interim agreement are on the ADA website.

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