Americans with Disabilities Act on its 34th Birthday

Signed into law on July 26, 1990, the Americans with Disabilities Act (ADA) this civil rights law prohibits discrimination against individuals with a range of disabilities and protects their interests in public life, education, employment and more.

The intent of the law is to ensure those with disabilities have the same access, rights, and opportunities as everyone else. The ADA is divided into five discrete sections relating to certain areas of public life: employment, public services, public accommodations, telecommunications, and access to local, state, and federal programs. Read the full copy here.

As the infographic makes clear, the ADA answers significant need. Many Americans are dealing with disabilities that can put them at a distinct disadvantage, and they need the support and protections the ADA provides to gain equal footing in many aspects of life. And check out this blog post from Myers and Stauffer associates Alisha Golec (Health Care Senior Consultant) and Julia Kotchevar (Director, HCBS and Behavioral Health), The Importance of Inclusive Measures to Enhance Communication Access, which addresses components of the ADA and its significance.

How States Can Run Afoul of ADA Requirements

According to ADA.gov website, the Act makes specific requirements of local and state entities, such as allowing service animals or providing program access by ensuring that individuals with disabilities are not excluded because existing buildings or facilities are inaccessible to them.

It also requires that state and local governments make reasonable accommodations when needed for those with disabilities. For example, a museum does not allow food, but a diabetic individual requests permission to bring snacks for blood sugar management, and the museum allows the food.

A fuller explanation of these requirements can be found on the ADA site here.

In the case of health and human services, however, the mandate goes further. The Olmstead Decision of 1999 found that “unjustified segregation of persons with disabilities constitutes discrimination in violation of title II of the Americans with Disabilities Act.” This decision required states to develop and provide supports to individuals so that they may live in the community if they so choose. The Department of Justice is tasked with investigating complaints and requiring states to make changes to their systems if found in violation. More information is available at the Department of Justice site.

States commonly develop home and community-based systems using Medicaid waivers and include services designed to support individuals in their goal of living an integrated life in their community. Examples of these programs include:

• Waivers for children with special health care needs that provide for supportive equipment in the home, personal care or nursing services, and specialized medication or access to therapists. Such waivers allow children with significant health care needs to live at home with their families.
• Waivers for persons who have a developmental or intellectual disability so that they can live and work independently in their communities. This can include in-home supports to live alone or with a few roommates, job coaching to work in a community based job, and assistance with transportation.
• Waivers for seniors and persons with disabilities allow people to receive in-home supports such as personal care, assistance with chores and food preparation, and help with medications and supportive devices so that adults who have a disability or who are aging can remain in their home with their family for as long as they would like.
• Waivers for adults with serious mental illness so that they can receive services to help them remain in the community while managing their mental illness. This type of waiver can include services such as support maintaining a home environment, assistance with medication management, and assistance maintaining a job.

How We Can Help Our State Clients

Myers and Stauffer recognizes the critical importance of ADA compliance for our clients. We review ADA compliance practices and current service array options to ensure adequate services are available to all populations within any given state.

Through his work as a former Medicaid director, the leader of our Consulting team, Dr. Jerry Dubberly, PharmD, (principal), has intensive experience with ADA compliance, which touched almost every aspect of Medicaid operations, as well as program design.

As the project director for one of our state clients, he oversaw our work in preparing an inventory of federal requirements under the ADA, assessing the state’s current compliance with implementation of those requirements, and developing targeted solutions to design a system of care that was supportive and accessible to those in that state who needed assistance. Backed by a team of professionals with deep experience in this area, our work for that client included:

• Agency-wide review of ADA-covered populations’ disability tracking, service array, and service use.
• Agency-wide policy support for ADA-covered populations’ disability identification process flow and structure.
• Agency-wide review and development of integrated ADA population tracking options and recommendations for additional tracking options.
• Agency-wide review of ADA enhanced case management with a particular focus on individuals with serious mental illness.
• Communications strategy and Department of Justice (DOJ) expert assistance for agency ADA-covered populations and services.
• Recommendations for a community-based mental health system to enhance safe discharge and diversion.
• Implementation support for the identified strategic priorities.
• Targeted ad-hoc support for system changes and strategic system modifications in response to DOJ investigation activities.

The underlying goal of this project was to increase accessibility to state programs by strengthening all of the state agency’s access points and intake procedures. The project included all of the divisions within the agency, and our work helped it achieve compliance.

We stand ready to leverage this skill and experience for your state, and we welcome your inquiries. Please contact a member of our team.