HHS Office for Civil Rights Reaches Agreement with Illinois Department of Human Services to Enforce Federal Disability Rights Laws

This action serves as the latest in a series of efforts OCR has made to advance and protect the civil rights of people with disabilities to live in their homes and communities.

Today, the U.S. Department of Health and Human Services (HHS), Office for Civil Rights (OCR), announced an agreement with the State of Illinois Department of Human Services to enforce Federal disability rights laws. This agreement comes after a complaint alleging that an individual with disabilities, A.C., was unjustifiably institutionalized potentially violating disability civil rights laws under Section 504 of the Rehabilitation Act (Section 504), Section 1557 of the Affordable Care Act (Section 1557), and Title II of the Americans with Disabilities Act (ADA). Each of these laws requires that services are provided in the most integrated setting appropriate to the needs of a person with a disability—including within their own home and community. Because of this agreement, A.C. has left an institution and is now living in the community.   

 “Twenty-five years after the Supreme Court declared that unnecessary segregation of individuals with disabilities is discriminatory, OCR is still seeing far too many complaints from people with disabilities denied the right to live in their homes and communities,” said OCR Director Melanie Fontes Rainer.  “OCR will continue to work with states like Illinois to ensure that people with disabilities have access to the care and services they are entitled to under federal law.”

Section 504 prohibits discrimination based on disability in any program or activity receiving federal financial assistance from HHS, while Section 1557 does the same with respect to certain health programs and activities. Title II of the ADA prohibits discrimination on the basis of disability by states and local governments in their services, including all health care and social service programs. These laws require that regulated entities provide services in the most integrated setting appropriate to the needs of people with disabilities. OCR takes seriously the responsibility to enforce all three laws and to protect the civil rights of people with disabilities.

After receiving complaints alleging that A.C. was being institutionalized against his will, OCR initiated the Expedited Complaint Resolution (ECR) process to resolve this matter.  Illinois agreed to participate in the ECR process to work with OCR and A.C. to take the needed steps to support his move to the community.   Specific corrective actions taken by the Illinois Department of Human Services include:  

• Expanding its search for community providers.
• Locating a provider who purchased and modified a home to accommodate the needs of A.C. and a roommate.
• Supporting A.C. in moving to the residence, including adding additional direct care staff and staff training to support A.C. and his individual needs.
• Ensuring A.C. received needed medical and dental care.

Illinois has committed to using the steps it put in place through the ECR process with OCR in other similar situations to support disabled individuals find adequate community placements.  OCR will continue to monitor the actions taken by the State of Illinois for twelve months to ensure that services are stable and adequate for A.C. in his new residence in the community.

A copy of the Memorialization of Corrective Actions may be found here: https://www.hhs.gov/civil-rights/for-providers/compliance-enforcement/examples/disability/illinoisdhs/index.html.

This action is just the latest in a series of efforts OCR has made to advance and protect the civil rights of people with disabilities. This includes the announcement of the Section 504 of the Rehabilitation Act of 1973 final rule and the Section 1557 of the Affordable Care Act final rule.

OCR is committed to enforcing the rights of individuals with disabilities and their right to live in the most integrated setting. 

If you believe that you or someone else has been discriminated against because of your race, color, national origin, disability, age, sex, or religion in programs or activities that HHS directly operates or to which HHS provides federal financial assistance, you may file a complaint with the HHS Office for Civil Rights at:  https://www.hhs.gov/ocr/complaints/index.html.

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