HHS’ Office for Civil Rights, Idaho Reach Agreement to Transition Teen from State Facility to Community

Collaborative Plan Advances Idaho's Olmstead Compliance by Ensuring Successful Community Placement for Teenager with Autism

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 (IDHW) to resolve a civil rights complaint alleging unnecessary institutionalization of a teenager with autism and behavioral health needs. This is the seventh voluntary resolution in OCR's Olmstead Initiative to support integration of persons with disabilities into community life. Through OCR's Expedited Complaint Resolution process, Idaho committed to secure an appropriate community placement for the teenager and identify a community-based provider with the capacity to maintain his comprehensive needs for support services while living in the community. OCR will monitor Idaho's progress to find an appropriate placement to implement the teenager's seamless transition from a state treatment center to the community without disruption to his care, and to maintain adequate individualized services for him to achieve independence in the community.

OCR enforces Federal disability rights laws in health and human services, including those covered in the resolution with Idaho: Section 504 of the Rehabilitation Act (Section 504), Section 1557 of the Affordable Care Act, and Title II of the Americans with Disabilities Act. These Federal disability rights laws require services to be provided in the most integrated setting appropriate to an individual's needs, consistent with the Supreme Court's decision in Olmstead v. L.C.

"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 is a result of discussions that OCR facilitated through its Expedited Complaint Resolution process with the parties to the complaint. Idaho agreed to take necessary steps to effectuate the teenager's rights to live in the community, including:

• Identifying an appropriate community provider with the capacity to meet his individual needs,
• Exploring flexibilities for individualized payment rates commensurate with his identified staffing needs,
• Engaging in individualized planning for his discharge from a state treatment center; and
• Developing a comprehensive, person-centered plan to ensure adequate services in the community.

To promote the teenager's successful and smooth transition, Idaho also agreed to key commitments after his transition, including:

• Maintaining necessary behavioral and other services for him during the transition and after his move to the community.
• Avoiding unilateral changes to his services without assessment of his needs made in consultation with him and his family, and in coordination with OCR.
• Ensuring his current treatment facility staff is available for six months of support after his discharge from the facility, as needed for stabilization and to prevent disruption to his care.
• Designating State points of contact to promptly resolve issues that he encounters with the services he receives through the State.

The resolution additionally includes several accountability mechanisms. Idaho agreed to a defined monitoring period in which OCR will review the adequacy of services supporting the community placement and Idaho will regularly update OCR on progress, including updates to confirm that the teenager's services and supports remain sufficient to sustain the community placement.

The resolution can be found at: https://www.hhs.gov/sites/default/files/ocr-idhw-mca.pdf.

OCR is committed to working with states to help them meet their legal obligations under federal laws to ensure that individuals with disabilities can live in the most integrated setting appropriate to their needs and avoid unnecessary institutionalization. If you believe that your or another person's civil rights or health information privacy rights have been violated, you can file a complaint with OCR.

To learn more about recent developments in OCR's Olmstead Initiative, visit OCR's website on Community Living and Olmstead.

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