U.S. Department
of Justice
U.S. v. Colorado
On March 3, 2022, the United States sent its findings to the State, notifying it that Colorado is violating the ADA’s integration mandate in its provision of Long-Term Services and Supports to adults with physical disabilities. Following an investigation, the Department found that the State of Colorado has failed to meet its obligations under Title II of the ADA by unnecessarily segregating adults with physical disabilities in nursing facilities, and failing to ensure that individuals have a meaningful opportunity to live in community-based settings appropriate to their needs.
On September 29, 2023, the United States filed a lawsuit against the State of Colorado under Title II of the ADA. The United States alleges that Colorado is violating Title II’s integration mandate by unnecessarily segregating adults with physical disabilities in nursing facilities, and failing to ensure that individuals have a meaningful opportunity to live in community-based settings appropriate to their needs.
On October 31, 2024, the United States entered into a settlement agreement with the State of Colorado, resolving litigation under the integration mandate of Title II of the Americans with Disabilities Act as interpreted in the Supreme Court decision Olmstead v. L.C. The United States alleged that Colorado provides services to individuals with physical disabilities in nursing facilities, which are segregated settings, and places other individuals at risk of unnecessary segregation, when these individuals could appropriately receive services in the community. The settlement agreement requires Colorado: to provide nursing facility residents with “in-reach” (i.e. counseling about their community living options); to ensure that nursing facility residents who wish to move to the community have access to a prompt and effective transition process; to help at least 2,000 nursing facility residents transition to the community; to identify individuals at risk of unnecessary nursing facility admission and help them avoid unwanted nursing facility admission; to rapidly reintegrate to the community individuals who enter nursing facilities but would prefer to live in the community; and to ensure that needed community-based services are available to individuals who live in and/or move to the community.
Press Release - Justice Department Sues Colorado for Violating the Americans with Disabilities Act [September 29, 2023]
Press Release - Justice Department Secures Settlement Agreement with Colorado to Ensure Opportunities for People with Physical Disabilities to Live at Home [November 1, 2024]