Health & Hospital Corporation of Marion County v. Talevski

Filed: September 22, 2022

Court: U.S. Supreme Court

Overview: Amicus brief explaining the importance of individuals having the ability to sue state and local governments when their civil rights are violated under Medicaid and other public programs.

Excerpt: The linkage between the RA’s and the ADA’s antidiscrimination mandate and Medicaid provisions implementing that mandate is evidence that Congress intended both aspects of its disability-rights scheme to be privately enforceable. That conclusion is bolstered by the fact that Congress, when enacting the ACA, broadened Medicaid’s “entitlement” provisions by expanding the definition of “medical assistance.” Congress did so in direct response to judicial decisions narrowly construing that term in § 1983 suits brought by people with disabilities. Petitioners’ request that this Court abandon its longstanding holding that Spending Clause legislation can give rise to a private right of action under § 1983 would undermine Congress’s scheme for enforcing disability rights. People with disabilities, including children, regularly bring private lawsuits to enforce each of their independent, mutually reinforcing entitlements under the RA, the ADA, and Medicaid. Those lawsuits have vindicated important rights, providing access to life-saving therapies and everyday living support services close to one’s family and community. Absent a private right of action to enforce their Medicaid guarantees, enforcement of Medicaid would be left to the federal government, which may have few enforcement options other than reduction of States’ Medicaid funding. That may exacerbate rather than remedy States’ failure to comply with Medicaid’s requirements.

Case Documents

Amicus Brief

Supreme Court Opinion

Press Releases

Amicus Brief Filed in U.S. Supreme Court Case Emphasizes Harms to People with Disabilities

A Major Win for Disability Rights From SCOTUS

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Talk About Sexual Violence: Supported Decision-Making

This eight-minute video helps medical professionals understand what supported-decision making is and why it is important to use when assisting victims of sexual violence who have an intellectual or developmental disability.

Talk About Sexual Violence: Plain Language

This eight-minute video provides health care professionals with a basic understanding of plain language and how to use it so that patients with IDD can better understand information and more fully participate in health care decisions.

Talk About Sexual Violence: Self-Advocate Focus Group Findings

This seven-minute video highlights key findings from focus groups held with individuals with intellectual or developmental disabilities who were asked about their thoughts on what doctors, nurses, and other health care providers can do better when talking to them about sexual violence.

Why Talk About Sexual Violence? Medical Professional Focus Group Findings

This eight-minute video highlights key findings from focus groups held with medical professionals who were asked about how they address or talk about sexual violence with their patients with intellectual or developmental disabilities.

Kligler v. Healy

Filed: February 14, 2022

Court: Supreme Court of Massachusetts

Overview: The brief argues that whether a constitutional right to assisted suicide exists must be addressed from the perspective of people with disabilities, the class of people who will be most adversely impacted if such a right is found. Amici discuss how assisted suicide is part of a long history of discrimination and bias against people with disabilities in medical settings. Amici also discuss how legalized assisted suicide amplifies ableist beliefs about the quality and value of disabled lives and how supposed safeguards are inadequate to protect people with disabilities.

Excerpt: “Legalizing assisted suicide in Massachusetts would add to the…history of discrimination and bias against people with disabilities. It would establish a discriminatory double standard for how health care providers, government authorities, and others treat disabled individuals versus others. Only disabled people would be removed from the protections of generally applicable laws on abuse, neglect, and homicide. And only disabled people would face an offer of assisted suicide, as opposed to an offer of services and supports, in response to suicidal ideations.”

Case Documents

Kligler v. Healy Amicus Brief

Kligler v. Healy Opinion

Talk About Sexual Violence Focus Group Report: People With Disabilities

People with intellectual and/or developmental disabilities (IDD) are sexually assaulted seven times more often than people without disabilities. Because of this, medical providers must talk about sexual abuse with their patients and offer support. Unfortunately, many medical providers do not have the tools or training to help them have these important conversations.

Talk About Sexual Violence centers on conversation groups of medical providers and people with disabilities, including survivors of sexual assault. It was important to hear from them about how medical appointments can be more supportive.

Conversation groups were held as live, online video sessions to hear from people with IDD about their appointments with medical providers.

This report contains the result of those focus groups.

Talk About Sexual Violence Focus Group Report: Medical Providers

Talk About Sexual Violence centers on conversation groups of medical providers and people with disabilities, including survivors of sexual assault. It is important to learn how medical appointments can be more supportive and patient-centered, especially if someone has experienced sexual assault.

Conversation groups were designed as a live, online video session with medical professionals who answered questions about their practices with patients who had been sexually assaulted, including those with disabilities.

This focus group details the findings from those conversation groups.

Enhancing Health Care for People With Intellectual and Developmental Disabilities

The COVID-19 pandemic shined a light on the inequities of the healthcare system that exist for people with intellectual and/or developmental disabilities. For many people with IDD and caregivers, receiving care in a hospital setting has always been a challenging experience. We know that training in this area is lacking. Education and experiential learning for healthcare professionals is essential to addressing these challenges.

The Arc Massachusetts, The Arc Oregon, and The Arc’s national office have partnered to develop a web-based, culturally competent training and toolkit for emergency medical personnel. The goal is to support equal access to emergency healthcare for people with IDD by educating healthcare providers working in hospital emergency departments.

Download presentation slides here.

Talk About Sexual Violence: A Conversation Guide for Health Care Providers

The U.S. Bureau of Justice Statistics reports that people with intellectual/developmental disabilities (IDD) are sexually assaulted seven times more than those without disabilities. Transgender and gender non-conforming individuals also face high rates of sexual violence.

It is critical that healthcare professionals and their patients talk openly about sexual violence and abuse prevention.

Suggestions offered here are designed to facilitate conversations about sexual violence and provide patients with a safe environment in which to share their experiences and get the support they need.