Agreement reached in NC disability services case
CHARLOTTE, N.C. (QUEEN CITY NEWS) — Leaders with the North Carolina Department of Health and Human Services (NCDHHS) have reached an agreement with Disability Rights North Carolina (DRNC), a state advocacy group.
It comes in response to a 2017 lawsuit filed on behalf of people with intellectual and developmental disabilities (I/DD). DRNC claimed the state was not providing enough resources to these individuals.
DRNC’s initial lawsuit claimed people with I/DD were not able to access essential community-based services. North Carolina state law requires those with I/DD to receive support in their chosen setting. Still, the waiting list for those who want to receive community or home-based services rather than stay in an institutional setting is roughly 17,000 people long.
A judge sided with DRNC and, in 2022, ordered NCDHHS to meet specific goals to address the gaps.
NCDHHS appealed the ruling, saying it would force some group homes to close.
“We get calls from people who simply can’t get access to services, and it’s just simply heartbreaking to hear these stories because you’re talking about a person who wants to live in their community and have a full life, but you’re also talking about their family, and a lot of times it’s a family member who has to not work or leave school or do something to dramatically alter their lives because they can’t get supports,” said DRNC attorney Lisa Grafstein.
Now, the two groups have agreed to override the requirements outlined in the 2022 ruling. DRNC also said that if the deal is approved, they will drop their other claims against the state.
The deal gives NCDHHS two years to meet various requirements to overhaul its system for providing community-based services for those with I/DD.
First, the department would be required to have better accountability measures for the contractors that provide community and home services. Those accountability measures also include identifying which people living in institutions would prefer to receive services in other settings.
Gaston hotel settles with feds over ADA complaint
The deal also requires the state to expand Medicaid services to include Section 1915(i), a provision under the Social Security Act that provides for services such as transition assistance and supported employment. The state already began implementing 1915(i) services in July 2023.
Finally, the state would need to improve the credentialing, training, and compensation process for direct service providers.
“Now that the state is no longer contesting liability and is working on the remedy collaboratively, we hope that the structural changes that we’re making over these two years will really bear fruit over the coming years, and we will continue to be involved in the case to make sure that that happens,” Grafstein said.
The agreement will go before a judge at 9:30 a.m. Monday.
For the latest news, weather, sports, and streaming video, head to Queen City News.
