Disability Network Mid-Michigan opposes DOJ memo on Independent Living

For people with disabilities and older adults, the difference between living in a nursing facility and living at home can come down to something as simple as having the right support in place. Disability Network Mid-Michigan is warning that a recent federal policy shift could make that choice harder for people who depend on home- and community-based services to remain independent.

Disability Network Mid-Michigan is joining the Michigan Olmstead Coalition in pushing back against a recent U.S. Department of Justice memorandum that questions whether federal disability rights laws require states to provide services in community settings rather than relying on institutional care.

The June 18 memorandum from the Justice Department’s Office of Legal Counsel argues that the Americans with Disabilities Act and Section 504 of the Rehabilitation Act do not impose an integration mandate requiring states to treat people with disabilities in the setting most appropriate to their needs. The opinion also disputes the interpretation that the U.S. Supreme Court’s 1999 decision in Olmstead v. L.C. established such a requirement.

The position represents a significant departure from how the Justice Department has previously described Olmstead. In 2011, the department said the landmark decision required public entities to provide community-based services when appropriate, when the individual does not oppose community-based treatment and when the placement can be reasonably accommodated.

For Disability Network Mid-Michigan, the debate is ultimately about whether people have meaningful choices about where they live and receive support.

“As Executive Director of Disability Network Mid-Michigan, and as a person with a disability myself, I fully support the Michigan Olmstead Coalition’s statement condemning the Department of Justice’s recent memorandum,” says Kelly PeLong, executive director of Disability Network Mid-Michigan.

“The position outlined in that memo threatens decades of progress by undermining the fundamental civil right of older adults and people with disabilities to live independently in their own homes and communities. Reversing the precedent set by Olmstead v. L.C. is not only legally and morally indefensible, but it also ignores the overwhelming fiscal and practical benefits of home- and community-based services over costly, isolating institutional care. We must continue to move forward toward full community inclusion, not backward.”

A right to choose

The Olmstead decision grew out of the cases of two women with mental disabilities who were institutionalized in Georgia even after treatment professionals determined they could receive care in community settings. The Supreme Court ruled that unnecessary segregation of people with disabilities can constitute discrimination under Title II of the ADA.

Since then, community-based care has become an important part of efforts to help people with disabilities remain connected to their families, jobs, schools and neighborhoods.

The Justice Department itself has continued to enforce the principle in recent years. In a 2021 settlement with Maine, for example, the department found that restrictions on home-based services placed a person with an intellectual disability at serious risk of being moved from his home into a group home or institution. The agreement required Maine to expand access to necessary in-home services and modify its service planning process around individual needs and preferences.

The new legal interpretation has prompted concern among disability advocates because it comes as states and providers continue to face pressure around the availability and cost of home- and community-based services.

For Mid-Michigan residents, organizations such as Disability Network Mid-Michigan offer one avenue for addressing those challenges locally.

DNMM operates as a federally funded Center for Independent Living serving 12 counties, including Midland, Bay, Saginaw, Isabella, Clare and Gladwin. Its services include advocacy, independent living skills, peer support, information and referral, community transition services and in-home support.

The organization also operates a Nursing Facility Transition Program for Medicaid recipients who live in nursing facilities and want to return to their own homes or another more independent living environment. Staff work with individuals to identify options based on their needs and preferences.

That work illustrates one of the central solutions advocates point to: giving people the resources and support necessary to make community living possible.

DNMM reports that it has helped transition 133 people from institutional settings to community-based living and provided services to more than 2,600 people with disabilities and their families. The organization also reports an estimated $15 million in savings to the state through its work.

Keeping people connected to their communities

Advocates say community-based services can address more than where someone receives medical or personal care. They can determine whether a person remains connected to family, employment, education, transportation and the broader community.

DNMM’s advocacy program helps people understand their rights and access benefits and services while also working on broader issues involving accessibility, housing, transportation, education and employment. The organization emphasizes teaching people to advocate for themselves rather than making decisions on their behalf.

That approach reflects the broader independent living philosophy: People with disabilities should have control over decisions affecting their own lives, with the support necessary to make those choices possible.

“As Michigan continues working toward greater accessibility and inclusion, we cannot afford to reverse course,” PeLong adds. “Every person deserves the opportunity to live with dignity, autonomy, and meaningful connections in the community they call home.”

The policy debate is not settled by the memorandum alone. The Justice Department’s opinion is an interpretation of federal law, while courts continue to determine how the ADA, Section 504 and Olmstead apply in specific cases.

The larger question raised by the current debate is not simply how states provide care, advocates say, but whether people have a genuine choice in how and where they live.

For those working toward independent living, that choice remains the goal.

For residents who want to participate in the debate, DNMM recommends learning about the issue, contacting elected officials and supporting policies that protect community-based services and independent living.

Residents in DNMM’s service area can contact its advocacy team for assistance understanding disability rights and accessing services. The organization can be reached at 989-835-4041 or through Disability Network Mid-Michigan.

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