DOJ: SD’s long-term care system violates federal law

South Dakota’s unnecessary reliance on nursing facilities to serve people with disabilities isolates those residents from their communities and violates federal law, according to the findings of a U.S. Department of Justice investigation released Monday.

The investigation discovered that thousands of people who depend on the state for services have to live in nursing facilities to receive them. But the Americans with Disabilities Act and a U.S. Supreme Court decision require states to provide services to people with disabilities in the most integrated setting that is appropriate for their needs, the Justice Department said.

The head of the Justice Department’s Civil Rights Division said people with disabilities deserve privacy, autonomy and dignity. South Dakota’s long-term care system doesn’t give those individuals the choice to live in their own homes or communities, Principal Deputy Assistant Attorney General Vanita Gupta said in a statement.

The probe found that many of those who rely on state services aren’t aware they can opt for community-based services since South Dakota hasn’t offered the services or informed people about them. The investigation also discovered that people with disabilities who live in rural areas and on reservations have particular trouble getting home- and community-based services.

The department looks forward to working with South Dakota to create a “more effective, more efficient and more just service system for all,” Gupta said. But in a letter to Gov. Dennis Daugaard about the investigation, the agency said in the “unexpected event” that a resolution can’t be reached, the attorney general could initiate a lawsuit to correct the problems.

Daugaard’s administration is reviewing the results of the investigation. The governor said in a statement that he recognizes the state has areas to improve upon, but said South Dakota is making headway.

“Ideally, we want elderly residents and people with disabilities to be able to stay in their communities and receive the services they need without going to a nursing home,” he said. “That can be a challenge for a state like ours which is made up of rural communities.”