07/21/2025 “The Potential Violations of the American with Disabilities Act” By Kaylee McGrath

Opening Statement:

With the recent passing of the “Big Beautiful Bill, by the majority vote of our devoted, caring, and understanding Senate and Congress, I thought it might be a good idea to share some important facts and outline the downfalls regarding Medicaid cuts. Additionally, I would like to bring forward to those individuals not understanding of the possible violations of the “Civil Rights” affecting people with various disabilities. The passing of the “Big Beautiful Bill” is and will continue to raise serious concerns regarding potential violations of our Americans with Disabilities Act (ADA). Since earlier this year, there have been many disabled Americans protesting, writing their stories, letters, and sending them to our Washington DC elected and state officials stating why they need Medicaid for not only medical coverage but for other services as well. These various services are not limited to: “Home and Community Based Supports.” The truth is…the majority of our Senators and Congressmen don’t give a damn about our disabilities or what your disability difficulties are. They honestly do not want to hear what they believe are our “Sad Sob Stories” are all about, they simply just don’t care. Because if they did care, they wouldn’t have signed this unfair and discriminatory bill that will undeniably affect millions of disabled, non-disabled, and elderly Americans.

When this “Big Beautiful Bill” goes “Live and in Force” many disabled and non-disabled Americans will be affected. What myself and other disabled individuals see is the frightening and harsh future reality of going totally backwards to many years ago when we had no choice but to live in government and state institutions. The passing of this bill will inadvertently relinquish our right to live independently, and needed home community-based supports that was granted to us by the passing and signing of the Americans with Disabilities Act on July 26, 1990, under President George H. W. Bush.

Background History and Information on Medicaid

·       Medicaid is a vital program that provides health coverage to millions of Americans, including many with disabilities.

·       The Americans with Disabilities Act (ADA) prohibits discrimination against individuals with disabilities in various areas, including healthcare.

Relationship between Medicaid and the American with Disabilities Act:

·       Equal Access: The ADA requires that healthcare providers, including those who receive Medicaid and Medicare reimbursements, provide individuals with disabilities full and equal access to their healthcare services and facilities.

·       Non-discrimination: State and local government healthcare agencies are covered under Title II of the ADA, and private healthcare organizations under Title III, both of which prohibit discrimination against people with disabilities.

·       Reasonable Modifications: Healthcare providers must make reasonable modifications to policies, practices, and procedures to ensure individuals with disabilities have equal access to services.

·       Medicaid and HCBS: Medicaid funds a substantial portion of home and community-based services (HCBS) that enable people with disabilities to live in their homes and in communities.

Impact of Medicaid Cuts on Individuals with Disabilities and Potential Conflict with ADA Principles:

·       Reduced Access to Essential Services: Cuts to Medicaid funding, especially to optional benefits like HCBS, can severely limit or eliminate services that are crucial for people with disabilities, such as personal care attendants, medical equipment, therapies, and access to the community. This could force individuals into institutional care, undermining the principle of integration promoted by the Americans with Disabilities Act.

·       Increased Barriers to Healthcare: New requirements, such as work requirements and increased eligibility checks, may disproportionately affect individuals with disabilities who face challenges in employment or navigating complex administrative procedures, leading to a loss of coverage and potential gaps in care.

·       Disparate Impact: Cutting Medicaid could have a disparate impact on people with disabilities, hindering their ability to receive necessary medical care, including routine preventative care, and medications.

·       Disability Rights Organizations' Stance: Disability rights organizations, such as the National Disability Rights Network (NDRN) and The Arc, have strongly condemned proposed Medicaid cuts, arguing that they are detrimental to individuals with disabilities and threaten their ability to live independently. They view these cuts as a violation of the rights of people with disabilities and a setback to the progress made toward equality and inclusion.

Listed Below is How Medicaid Cuts Can Impact ADA Compliance:

·       Threat to Community Integration: The ADA, particularly through the Supreme Court's Olmstead decision, affirms the right of individuals with disabilities to receive services in the most integrated setting appropriate to their needs. Reductions in Medicaid funding, particularly to programs like Home and Community-Based Services (HCBS), could force states to rely more on institutional settings, potentially violating the Olmstead ruling and the ADA's requirement for integration.

·       Reduced Access to Essential Services: Medicaid provides crucial support for individuals with disabilities, including funding for personal care, in-home nursing, and durable medical equipment. Cuts to Medicaid could limit access to these essential services, making it more challenging for people with disabilities to live and participate fully in their communities.

·       Disproportionate Impact: The ADA aims to prevent discrimination against people with disabilities. Medicaid cuts, especially those involving eligibility changes or increased administrative burdens, can disproportionately affect individuals with disabilities, potentially leading to lost coverage and gaps in care.

Closing Statement, Conclusion, and Additional Summary Information:

It is important to know that while the ADA does not directly address the funding of Medicaid, cutting Medicaid in ways that restrict access to essential services and support for people with disabilities, or that impose discriminatory burdens on them, can raise serious concerns about potential conflicts with the principles and requirements of the ADA. The ADA requires equal access to healthcare services, and policies that undermine that access for individuals with disabilities may be challenged under the law. Additionally, the ADA does not directly dictate Medicaid funding levels, policies that lead to cuts in services, particularly HCBS, or create barriers to accessing essential care for people with disabilities could be challenged as violating the ADA's non-discrimination principles and the right to community integration.

Please take note: The relationship between Medicaid cuts and the ADA is complex and is often subject to legal challenges and interpretations.

Source of Information: Various Google Searches, Various Network TV Programming, Personal Opinions

Until Next Week, Stay Safe and Well!