The Department of Justice is a part of the government that makes sure laws are followed. We call it DOJ for short. The DOJ and a few states made another bad decision. This update talks about what they did, what just happened, and what it means for you.
On August 31st, the DOJ and a few states asked a court to resolve an important lawsuit. To resolve a lawsuit means stopping the lawsuit. It also means the people suing each other agree to do things. The lawsuit the DOJ asked to resolve is called Texas v. Kennedy. Texas v. Kennedy is a lawsuit about Section 504 rules from Health and Human Services. Health and Human Services is the part of the U.S. government in charge of healthcare. We call it HHS for short. Section 504 is a part of a law from 1973. We call it 504 for short. 504 says places that get money from the government can’t discriminate against people with disabilities. Discrimination is treating people unfairly or badly because of who they are. Section 504 has rules for how the law should be followed.
A rule tells the people who need to follow a law how to follow that law. Congress makes laws. That law also tells agencies to make rules for that law. Agencies are parts of the U.S. government that make rules. HHS and the DOJ are agencies. Sometimes agencies update their rules. Sometimes people call a rule a “regulation.”
The DOJ decided the U.S. government should change part of the 504 rules. So HHS changed their 504 rules in 2024. This statement calls these rules the 2024 HHS 504 Rules. The 2024 HHS 504 Rules do a lot of important things. One of those things is updating the first 504 rules. Those rules are from 1978. This was the first time HHS updated the 504 rules since 1978. One of the most important things the 2024 HHS 504 Rules talked about is the integration mandate.
The integration mandate is a rule that says people with disabilities have a right to live, work, and get services in the community. The integration mandate comes from 504 and the Americans with Disabilities Act (ADA). The ADA is like 504. It is a law that protects people with disabilities from discrimination.
The 2024 HHS 504 Rules did not create the integration mandate. But the 2024 HHS 504 Rules said the integration mandate was a part of 504. Adding the integration mandate to the 504 rules makes the law stronger. The reason Section 504 got made was to stop discrimination against people with disabilities. Adding the integration mandate to the 504 rules would help stop discrimination that keeps disabled people out of the community.
On September 23rd, a federal judge sided with the DOJ, HHS, and the five states in the Texas v. Kennedy lawsuit. This decision will get rid of some parts of the 2024 rules. Those parts are about the integration mandate. The decision does not get rid of all of the 2024 rules. The decision does not get rid of Section 504. It also does not get rid of the actual integration mandate. The integration mandate comes from the ADA and 504. The decision applies to all states, not just the five states that sued.
This decision hurts our community. It will make it harder for people with disabilities to get the supports and services we need to live in the community. It will make it harder for people with disabilities to stay out of institutions. It will make it harder for people with disabilities to get out of institutions. But this decision does not take away the Americans with Disabilities Act (ADA), Section 504, or the Olmstead decision. We still have the right to live in our communities. States are not allowed to ignore the ADA or Section 504.
We deserve a government that protects our rights. We do not deserve a government that ignores our rights. ASAN demands states continue to follow the integration mandate.
