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The Justice Department has issued a new legal opinion stating that federal disability law does not require states to provide community-based services simply because a person with a disability could live outside an institution.
The opinion rejects a long-standing interpretation of the Americans with Disabilities Act that has been used for decades to support home- and community-based care for people with mental, physical, and intellectual disabilities.
The change could make it easier for states to rely on nursing homes, psychiatric facilities, and other institutional settings rather than expanding services that allow people to live independently in their communities.
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