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Colorado settles lawsuit over housing disabled people in nursing homes
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Colorado settles lawsuit over housing disabled people in nursing homes

Colorado agreed to do more to avoid unnecessary isolation of thousands of physically disabled people who were confined in nursing homes, settling a federal lawsuit that said state health officials were illegally separating too many people.

U.S. Justice Department officials announced the settlement Friday. Colorado officials have committed to taking the following actions before February 2026:

— Help thousands of care home residents move

— Identify people at risk of unnecessary confinement

— Provide the information necessary to make choices.

— Helping people with disabilities find accessible and affordable housing

— Connecting people to Medicaid long-term care services

— Increase opportunities for people with disabilities to control their care

— Supporting family caregivers

“People with disabilities should not have to give up their lives in the community and be isolated in care facilities to get the services they need,” said Assistant U.S. Attorney General Kristen Clarke.

A 32 page agreement “sends the message that people with disabilities deserve the same kind of life as others and makes it clear that our family members, friends and neighbors with disabilities add value to our lives and strengthen our communities when they can receive the services they need directly inside. their own home,” Clarke said.

It resolves a federal lawsuit filed in September 2023. Federal investigators found Colorado violated the Americans with Disabilities Act by unnecessarily confining people with physical disabilities. They found that Colorado had more people with low care needs living in nursing homes than all but nine states.

Under the ADA, states are required to make services available to individuals with disabilities in the least restrictive and most integrated setting appropriate to their needs. Services include help with bathing, dressing, managing medications, and preparing meals.

Colorado “violates the ADA by administering its long-term care system in a manner that unnecessarily segregates physically disabled people in nursing facilities and places other physically disabled people at serious risk of unnecessary institutionalization,” federal prosecutors warned in a March 2022 letter to Gov. Jared Polis.