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U.S. Department of Justice "Integration Mandate" Letter. What Does it Mean?

Last week the U.S. Department of Justice (DOJ) issued a document on the “integration mandate.” GCDD has been informed that this document (initially called an Opinion) is actually a Dear Colleague Letter. This mandate requires that people with disabilities be treated in the most integrated setting appropriate. This means community care, not institutions.

What is the Difference Between an Opinion and a Dear Colleague Letter?

An Opinion usually makes the person who receives it act as if it is true. This is especially if they rely on it to make a decision.

A Dear Colleague Letter is used by coworkers to share information; but does not create new laws.

Know that this letter is concerning, but it does not change the law.  

What Does This Letter Say?

This U.S. DOJ letter says three things:

1. The Supreme Court's Olmstead decision (1999) did NOT actually mandate maximum integration. It only held that unjustified institutionalization can be discrimination, not that states must always prefer community settings. DOJ says courts and agencies over-read Olmstead for 25 years.

2. Congress never imposed a universal integration mandate in the text of the Rehab Act or the ADA. The statutes only prohibit discrimination not any institutionalization.

3. Federal rules carrying out the “integration mandate” exceed legal authority and should be rescinded. Federal agencies invented this mandate; Congress did not explicitly authorize it.

Who does it apply to?

The letter focuses on people in state institutions. It also focuses on people with psychiatric disabilities. The letter could also apply to people with developmental disabilities who are in a developmental center. This letter does not apply to physical disabilities or disability protections under the ADA or Rehab Act.

What Happens Now?

The DOJ doesn't make law, but it tells the federal executive branch what the law means. Federal agencies may follow this letter. For example:

1. DOJ's Civil Rights Division may stop enforcing the integration mandate

2. Health and Human Services is directed to consider rescinding their regulations that impose the integration mandate

What about the Supreme Court Case Olmstead?

Federal courts treat Olmstead as requiring the integration mandate. Individual patients can still sue states under what's called an "Olmstead claim." The DOJ notes Olmstead is interpreted differently than this letter. This letter may be litigated.

What can you do?

You can read the DOJ letter.

You can share your opinion about this new interpretation with your elected officials and others. Your voice matters.

You can contact your elected officials using these links: contact your U.S. Senators and contact your Congressional Representative.

Do you have more questions about this issue? 
Email us at info@gcdd.org