Today's deep dive looks at the fight over the independent reviewer in Maine's 2024 ADA settlement on children's behavioral health, now before the First Circuit. Below are the day's other stories, each linked to its source.
Today's deep dive
Maine ADA settlement: groups ask 1st Circuit to keep reviewer. Maine and the U.S. Justice Department want to drop the outside expert who would check the state's compliance, and a district judge refused. Four disability and civil rights groups have now filed a brief defending that ruling. We explain what the settlement requires, what the two governments want changed and what it could mean for provider agencies and DSPs.
More news today
Supreme Court: Colorado preschool case on Nov. 3 tests disability preferences. The justices will hear St. Mary Catholic Parish v. Roy (No. 25-581) on Tuesday. Catholic schools in Colorado are challenging the nondiscrimination rules in the state's universal preschool program, and they point to the program's matching preference for children with individualized education programs as proof that the rules are not applied evenly. Disability Scoop reports that the Disability Rights Education and Defense Fund and 12 other groups filed an amicus brief. They warn that a ruling for the schools could let special education, reasonable accommodations and accessibility be challenged as discrimination against people without disabilities. A decision is expected next year. Sources: Disability Scoop, Supreme Court of the United States
California: CalHHS asks DOJ to rescind its June 18 Olmstead opinion. In a letter to Attorney General Todd Blanche dated Oct. 14 (the Department of Developmental Services says it was sent Oct. 19), Health and Human Services Secretary Kim Johnson urges the Justice Department to withdraw its Office of Legal Counsel opinion and keep relying on its 2011 Olmstead guidance, which DOJ said in July it would stop enforcing. The letter says institutional care costs nine times as much as community care, and it points to California's Lanterman Act, its 21 regional centers and the 2020 move of the last non-forensic developmental center residents into the community. Read our Sept. 15 story on the 18 governors' letter. Sources: California Department of Developmental Services, California Health and Human Services Agency
Massachusetts: advocates hold Olmstead briefing at the State House. The Arc of Massachusetts and the Disability Policy Consortium gathered advocates in Boston on Oct. 28 to warn about the DOJ memo and the late-September Texas v. Kennedy ruling that struck some integration rules from federal regulations. GBH reports that a mother described how staff shortages limit her adult son's time out in the community, even though he lives in a group home and attends a day program. Gov. Maura Healey was among the 18 governors who signed the September letter to DOJ. Read our story on the Section 504 ruling. Source: GBH News
HHS-OIG: $6.9 billion in health care fraud recoveries in FY2025. A new fact sheet on the federal Health Care Fraud and Abuse Control program reports more than $6.9 billion in False Claims Act settlements and judgments in fiscal 2025, and a return of $3.20 for every dollar spent over fiscal 2023–2025. The Justice Department opened more than 741 new criminal health care fraud investigations and filed charges in more than 382 cases involving at least 601 defendants. HHS-OIG reported 622 criminal actions, 861 civil actions and 2,837 exclusions from federal health programs. Sources: HHS Office of Inspector General, HHS-OIG fact sheet (PDF)
California: Costa Mesa settles group home zoning complaint. The state Civil Rights Department says Costa Mesa will let Ohio House, a sober living home, stay open by granting it a reasonable-accommodation exception to the city's 650-foot spacing rule for group homes. The home is about 550 feet from another permitted facility. The city admits no wrongdoing. It will also work with the department's attorneys on possible changes to its group home zoning and its reasonable-accommodation process. The department notes that state fair housing protections reach group homes for people with disabilities. Source: California Civil Rights Department