On June 18th, the Department of Justice issued a confusing memorandum about community integration, the Americans with Disabilities Act, Section 504 of the Rehabilitation Act and the Olmstead v. L.C. US Supreme Court decision from 1999.

Why is this memorandum confusing? First, it is titled a “slip opinion” which could lead some readers to believe that the Americans with Disabilities Act, Section 504 of the Rehabilitation Act and the Olmstead v. L.C. US Supreme Court decision from 1999 are no longer good law. That is not true.

Second, it leads states to believe that they no longer need to follow the Americans with Disabilities Act, Section 504 of the Rehabilitation Act and the Olmstead v. L.C. US Supreme Court decision from 1999 regarding community integration. That is not true. These statues have not been repealed, nor has the Olmstead decision been overturned.

Third, it is silent on the fiscal consequences a state may experience should it choose to follow the Memorandum. It is silent on the fact that institutional placements are the most expensive placements. It is silent on the fact that those costs will be passed on to Idaho taxpayers. It is silent on the cost to Idaho taxpayers to defend Idaho actions based on the memo should it be sued for not following current law and US Supreme Court decision.

Fourth, it is silent on the emotional consequences to Idaho citizens with disabilities and seniors who may be forced to give up their homes to live in institutions because there are inadequate available community services. The memo is silent on the emotional cost of no longer being able to participate in your church, visit your family, visit your friends, access your long-time medical provider because now you must use the institution’s medical provider.
Institutionalization also means losing your freedom to come and go as you please, which impacts your ability to volunteer, work, and attend school in your community. It is silent on the emotional costs to family members who now must worry about their family members being abused or neglected in an institution and watch them grieve the loss of their home and their community.

Fifth, it is silent about where these institutions will come from. It is silent on who will build and pay for these institutions. Currently, approximately 33,000 Idahoans use home and community-based services through the Aged and Disabled (A&D) Waiver and the Developmental Disability Waiver to live, work and play in their communities. The majority of the 33,000 are Idaho seniors on the A&D Waiver. Does Idaho have the infrastructure to build and support institutions for 33,000 Idahoans with disabilities, or will it be out of state entities who come in and profit from such an endeavor?

What can Idaho do? It can choose to continue to support and fund community-based services. It can say no to new institutions. It can keep costs down by keeping people in their homes with individualized support. It can choose to respect the dignity and rights of its citizens. Idaho can say that the Idaho way is to live in your own home and community with the right support and services. Idaho can say no to isolation. Idaho can say yes to community, freedom, choice, and keeping families together.

Joint Statement signed

Joint Statement Signed-Plain Text

Interstate Connections July 2026 edition

Idaho’s independent living newsletter highlighting news, events, people, and issues of disability across Idaho published by Disability Action Center NW.

The LINC Lowdown July 2026 edition

The LINC Lowdown is LINC’s monthly newsletter for the disability community in Southwest Idaho. It’s where we share timely updates on upcoming events, programs and services, opportunities to take action, news, and other important information that supports independent living in our region. 

Subscribe to the LINC Lowdown and view past editions

Many Medicaid benefits are optional under the law. For many Idahoans, they’re anything but. 

Please take the time to read this article from Idaho Capital Sun. 

“Kristyn Herbert has a knack for coming up with delicious recipes in her head. But a seizure when she was a 2-day-old infant that left her not breathing for 10 minutes means that she needs someone else to prepare the food in her Meridian apartment. 

Herbert pays for her 24/7 care through Medicaid, but this type of long-term care in her home is considered an optional benefit that states may offer under federal regulations. Herbert has been living under looming uncertainty about whether the service will be taken away after Congress this month passed a federal budget reconciliation bill that is expected to cut Medicaid spending by around $1 trillion over the next decade.”

Written article available.

by Wilson Criscione, Investigate West, Idaho Capital Sun

March 21, 2024

In response to InvestigateWest reporting that uncovered allegations of child abuse and neglect at state-licensed facilities, the Idaho Legislature has commissioned a state watchdog investigation that will examine oversight of Idaho’s youth treatment homes.

Rep. Marco Erickson, R-Idaho Falls, presented the investigation request on Friday, arguing an evaluation was necessary to make sure Idaho is taking care of youth “a lot better than we’ve done,” referencing recent news stories revealing what he called “scary things” that have happened to children in residential treatment facilities licensed by the state. 

Find more information in the article at Idaho Capital Sun.

 

Please take time to listen/watch this from Idaho Reports. Included is the SILC chair, Shiloh Blackburn

“Tens of thousands of Idahoans who are elderly or have disabilities rely on direct care workers to live independently, but there’s a shortage of them. We take a look at the impact of that shortage, and what the state could do to help.”

Written Article and Video Story

The Office of Performance Evaluations will release their 2022 report on the Sustainability of Idaho’s Direct Care Workforce on Thursday, March 16th.

After release, the publication can be found on the OPE’s website.