WASHINGTON – Today, U.S. Senators John Hickenlooper and Michael Bennet and their Senate colleagues reintroduced the Latonya Reeves Freedom Act to strengthen the right of Americans with disabilities to receive long-term services and support (LTSS) in the setting of their choice. In the United States, more than a quarter of individuals, about 67 million people, live with a disability.
“Congress must protect the freedom and the right of people with disabilities to live independently,” said Hickenlooper. “People with disabilities should not have to choose between living in their chosen community and receiving care.”
In 1991, Latonya Reeves left a nursing home facility in Tennessee to move to Colorado, where she could live independently while still receiving the care she needed. She dedicated her life to helping other people with disabilities do the same. Reeves passed away on January 9, 2023. The Latonya Reeves Freedom Act, named in her honor, would strengthen the federally protected right of individuals with disabilities to receive LTSS and live meaningfully integrated into their own community.
“Like too many other Americans with disabilities, Latonya Reeves was institutionalized for years and unable to exercise her constitutionally-protected freedom to live on her own, until she moved to Colorado,” said Bennet. “This bill honors Latonya’s legacy of fighting for others by ensuring that people with disabilities can live independently and still access the care they need.”
“I am honored for the bill to be named after me, and just want other people to get out of nursing homes. Thank you, Senator Bennet, for your support,” said Latonya Reeves in 2021, when the original legislation was introduced.
In 1999, the U.S. Supreme Court ruled in Olmstead v. L.C. that people with disabilities have a qualified right under Title II of the Americans with Disabilities Act (ADA) to receive services and support in the community of their choice. This landmark decision has helped ensure that individuals are not unnecessarily institutionalized in settings such as psychiatric hospitals or nursing homes.
The Latonya Reeves Freedom Act would:
- Establish a comprehensive state planning requirement with enforceable and measurable objectives to transition individuals with disabilities out of institutions and into the most integrated setting, if they choose that transition.
- Prevent state governments and insurers from engaging in discriminatory practices, policies, or rules that would prevent an eligible individual from receiving community-based LTSS.
- Identify and address disparities in the provision of community-based LTSS.
- Accelerate state compliance with the integration mandate of the ADA.
The bill would guarantee minimum requirements for coverage of LTSS, regulated by the U.S. Attorney General. Public entities and LTSS insurance providers would be required to conduct evaluations of their current practices and policies, identify current gaps in their systems, and implement a transition plan that addresses barriers to community living. The Department of Health and Human Services would be responsible for providing technical assistance, reviewing, and approving these transition plans.
The bill text is available HERE. A summary is available HERE.
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