Speaking out for People with
 Intellectual and Developmental Disabilities

P&A Class Action Litigation

Class action lawsuits have closed many ICFs/IID and reduced options for those who need fulltime care

Federally-funded attorney groups have pursued at least 30 class action lawsuits against ICFs/IID, driven primarily by a bias against ICF/IID care. In fact, since 1996, every federally-funded lawsuit against an ICF/IID has been for the primary purpose of removing residents from their ICF/IID home (“community integration”); the condition of care at the targeted ICFs/IID was not at issue in any of these cases.

Fifteen of these cases have led to the closure of ICFs/IID, affecting thousands of individuals with intellectual disabilities.

Despite the fact that ICFs/IID are a residential option created by federal law and funded and monitored by HHS, most of these lawsuits are filed under the Protection & Advocacy (P&A) program, whose lawyers are also funded by HHS. Because one program authorized by HHS is suing another program authorized by HHS, these suits could be labelled HHS v. HHS.

Download case documentation here

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VOR's Welcome Letter to the 115th Congress

At the beggining of every Congress, VOR delivers a letter to the members of the House and Senate, welcoming them to work on behalf of the people of this country, introducing ourselves, and outlining our issues.

This year's letter may be downoaded here

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New! VOR Action Center. One Click Advocacy.

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Celebrating the 17th Anniversary of the Olmstead Decision

Opportunities and Choices

Recently, the Department of Justice (DOJ), and the Administration for Community Living (ACL) issued press releases celebrating the 17th Anniversary of the Olmstead decision. VOR shares their view that there is much to celebrate in opening doors to community living for people with intellectual and developmental disabilities (I/DD) who are able and wish to take advantage of such opportunities. Unfortunately, their ideological preoccupation with one key part of Olmstead, community integration, at the expense of the other key part, choice, has reduced options for all people with I/DD. This crimped and, VOR would submit, inaccurate application of the plain language of Olmstead has done significant harm to many of our most disabled citizens.


Medicaid

The federal Medicaid program provides medical and other program benefits to eligible groups of low-income people who are also categorically eligible, such as people with intellectual disabilities (formerly, "mental retardation") and developmental disabilities. Although the Federal government establishes general guidelines for the program, the Medicaid program requirements are actually established by each State. Most Medicaid services for people with intellectual disabilities are considered optional, that is, provided at the option of a state.

Olmstead v. L.C.

The Supreme Court Supports Residential Choice!

The Supreme Court, in its landmark Olmstead v. L.C. ruling, recognized the need for a range of services which respond to the varied and unique needs of the entire disability community: “We emphasize that nothing in the ADA or its implementing regulations condones termination of institutional settings for persons unable to handle or benefit from community settings...Nor is there any federal requirement that community-based treatment be imposed on patients who do not desire it.” 119 S. Ct. 2176, 2187 (1999).