ADA Settlement Agreement: Maine Home and Community-Based Services
SETTLEMENT AGREEMENT
DJ# 204-34-72
United States of America (“United States”)
and
Maine Department of Health and Human Services (“Department”)
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On June 4, 2021, the United States entered into a settlement agreement with the Maine Department of Health and Human Services (DHHS) to resolve a complaint alleging that Maine’s restrictions on services placed a young man with intellectual disabilities at serious risk of having to move from his own home to a group home or institution.
The United States issued a findings letter on February 10, 2020 concluding that Maine is violating the Americans with Disabilities Act (ADA) integration mandate in its provision of services under the State's "Home and Community Services for Adults with Intellectual Disabilities or Autism Spectrum Disorder" Medicaid waiver program. Following an investigation of the complaint, the Department found that Maine failed to provide the complainant with necessary services in the most integrated setting appropriate to the complainant's needs, and failed to reasonably modify its relevant service program to avoid discrimination, thereby placing the complainant at serious risk of unnecessary segregation.
Title II of the ADA prohibits discrimination against qualified individuals with disabilities in the services, programs, and activities of public entities [42 U.S.C. § 12132; 28 C.F.R. § 35.130]. Title II’s implementing regulation requires public entities to administer services, programs, and activities in the most integrated setting appropriate to the needs of qualified individuals with disabilities [28 C.F.R. § 35.130(d)].
The settlement agreement requires DHHS to implement remedial measures, including establishing and implementing a process for individuals to obtain an exception to the waiver program's cap on in-home services, and modifying the program's service planning process to ensure that members' individual needs and preferences determine the services they receive and the setting(s) in which they receive them.
The Department will adopt a rule to require that the services Section 21 Members receive, and the setting(s) in which they receive such services, will be determined by the Members’ individual needs identified through an assessment of functional need and preferences, rather than by provider preference. The Department will respect Members’ exercise of their right to choice of services and providers, including the right to receive direct support services in the most integrated setting appropriate to their needs, such as at home.
For the complainant, the agreement requires DHHS to provide access to all needed in-home services and pay $100,000 in damages.
This Agreement will terminate either upon the Department’s substantial compliance with all of the requirements set forth under Section III of this Agreement, or three years after the Effective Date, whichever is sooner.
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