Letter Outlines Home Care Rule Obligations of Public Entities under the ADA and Olmstead On December 15, 2014, the U.S. Department of Justices Civil Rights Division and the Office of Civil Rights at the U.S. Department of Health and Human Services issued a Dear Colleague letter describing public entities obligations under the Americans with Disabilities Act and the Supreme Courts Olmstead decision as they are implementing the Department of Labors new home care rule. This new Olmstead guidance gives consumers and advocates an important tool to prevent harm to people with disabilities and seniors as states are developing policies to implement the home care rule, said Alison Barkoff, director of advocacy for the Bazelon Center for Mental Health Law. They should advocate for state policies that fund worker overtime and have the least impact on consumers and their workers. If their state is considering any policies that limit, cap, or restrict worker hours, advocates should ensure that the state is putting in place a process for people who could be placed at serious risk of institutionalization to be exempted from these policies. For more information and to read the letter, go to dol.gov/whd/homecare/hhs-doj.htm
Posted on: Fri, 02 Jan 2015 21:28:00 +0000
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