Feds Say South Dakota Overrelies On Nursing Homes For Those With Disabilities, Warns Of Sanctions If Not Corrected

On May 2, 2016, the federal Department of Justice (DOJ) notified South Dakota that its public long-term care system unnecessarily relies on nursing facilities to provide services to individuals with disabilities. The DOJ said the state is in violation of the community integration mandate of the Americans with Disabilities Act (ADA) and the Supreme Court’s decision in Olmstead v. L.C., and warned that without correction, that the DOJ may take legal action to enforce the ADA. The ADA and the Olmstead ruling require states to make services available to people with disabilities in the most integrated setting . . .