That’s in violation of the Americans with Disabilities Act and the Supreme Court’s decision in Olmstead v. L.C., which require states to provide services to disabled people in the most integrated setting appropriate to their needs, no matter their age or type of disability, according to the DOJ.
The DOJ’s findings, detailed in a letter to South Dakota Gov. Dennis Daugaard (R), follow an investigation into the state’s system of care for people who receive services and support in nursing facilities. The department found that thousands of disabled people who rely on South Dakota for needed services must live in nursing facilities to receive those services. With access to adequate home- and community-based services, these individuals could instead live in their homes and communities, the DOJ said.
“Regardless of their age, people with disabilities deserve privacy, autonomy and dignity in their everyday lives,” Principal Deputy Assistant Attorney General Vanita Gupta, head of the DOJ’s Civil Rights Division, stated in a news release. “Our findings reveal how South Dakota’s current system of long-term care violates federal law and fails to give people with disabilities the choice to live in their own homes and their own communities. South Dakota officials have expressed their desire to provide meaningful opportunities for people with disabilities to receive home- and community-based care, and we look forward to working with South Dakota to build a more effective, more efficient and more just service system for all.”
The DOJ noted that South Dakota may even realize cost savings and be able to serve more people by increasing the state’s use of home- and community-based services. The state funds the placement of about 3,400 people in nursing facilities through Medicaid at any given time, and approximately 5,500 people over the course of one year, according to the DOJ.
In response to the DOJ’s findings, Gov. Daugaard released a written statement, saying he is proud of the state’s track record on serving the elderly and disabled.
“In South Dakota, we have undertaken a number of initiatives to allow more individuals to live independent lives,” Gov. Daugaard wrote. “Just in the last few years, we have expanded healthcare recruitment programs for rural communities; promoted employing people with disabilities; implemented a Money Follows the Person program; and increased provider rates for community-based services. Though I recognize we still have areas to improve upon, South Dakota has been making headway.”
While the state evaluates its options with the DOJ, the governor added that the state will continue its work to improve access to community based care.
“Ideally, we want elderly residents and people with disabilities to be able to stay in their communities and receive the services they need without going to a nursing home. That can be a challenge for a state like ours which is made up of rural communities,” Gov. Daugaard said in his statement.
The full findings letter can be found here.
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