Disabled Fight for Home Care Rights Eroded

A significant shift in policy by the Trump administration on August 31, 2026, has made it easier for states to place disabled and elderly individuals in institutions rather than providing in-home care. This action, prompted by a lawsuit from several Republican-led states, aims to remove a 50-year-old provision requiring federal funds to prioritize home-based care. This move effectively weakens the landmark Supreme Court decision in Olmstead v. L.C. and E.W., which established that denying community living is discrimination.

Advocates, including the ACLU and Disability Rights Education & Defense Fund, assert that this concession jeopardizes civil rights under the Americans with Disabilities Act. The change threatens to revert to a system where disabled individuals are institutionalized, instead of living in their own homes. Nick Papadopoulos, who has cerebral palsy, experienced this firsthand when a nursing home stay in 2016 led to a decade-long wait for home services, resulting in the loss of his job and independence.

The legal battle traces back to Lois Curtis, whose 1999 Supreme Court victory affirmed the right of individuals with disabilities to live in the community. Despite this, over 606,000 people currently await Medicaid home services nationwide, with waits exceeding a decade in some states. Georgia, for instance, added home service slots but the governor vetoed further expansion, impacting individuals like Papadopoulos.

Recent federal actions, including the Department of Justice's stance in June and August 2026, have further eroded protections. Federal lawyers are seeking to vacate a decision protecting Florida children and have sided with states seeking to erase the integration mandate from federal regulations. This shift allows states to justify institutional care for what they deem 'legitimate' reasons, a move Papadopoulos calls an undermining of his rights.