Disability Integration Act
Categories: Civil Rights
The Disability Integration Act of 2017 (S. 910/ H.R. 2472), also known as DIA, was introduced by Sen. Chuck Schumer (D-N.Y.) to clarify and strengthen the integration mandate of the Americans with Disabilities Act of 1990.
If enacted, DIA would require public agencies and insurance plans that pay for long-term services and supports (LTSS) to provide community-based services for individuals with disabilities and to move individuals currently in institutional settings to community-based situations.
The DIA would prohibit those who pay for LTSS, whether states or insurance plans, from discriminating against people with disabilities when providing home and community-based services (HCBS). For example, payers could not use eligibility criteria, cost limits, or service caps to deny access to HCBS. Payers could not require the use of informal supports, deny short-term, intermittent, or emergent services, or establish unnecessary delays or otherwise restrict access to HCBS. Under the DIA, those who pay for LTSS would be required to establish adequate payment structures to maintain a sufficient workforce to support HCBS.
The DIA would also require LTSS payers to inform individuals with disabilities of their right to receive services in the community before accepting institutional placement. Accordingly, the law would require states to take active steps to make sure that there is enough affordable, accessible, integrated housing available for people with disabilities.
Importantly, the DIA would require LTSS payers to make reasonable modifications to policies, practices, and procedures to comply with the federal requirements described above.