Bazelon Center for Mental Health Law

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2026 Annual Awards Reception
Yale University
Yale Students, Alumni Reach Settlement Agreement to
Resolve Lawsuit Against Yale University
Washington Post
Read the Settlement Agreement
FEATURES
Policy Advocacy
Bazelon Releases Guide to Help Protect Medicaid Coverage for People with Disabilities Before Cuts Under “One Big Beautiful Bill Act” Take Effect
On December 1, 2025, the Bazelon Center and the Corporation for Supportive Housing released a
detailed guide
outlining concrete steps states can take to ensure that they are complying with federal disability rights laws when they implement the changes to Medicaid required by the “One Big Beautiful Bill Act” (OBBBA).
The OBBBA adds barriers to the Medicaid program that could cause many people to lose coverage, including 80-hour/month
work requirements
and
eligibility redeterminations
every six months.  For many people with disabilities, including mental health disabilities, these new demands may create particularly steep obstacles.
But federal disability rights laws – including the ADA, Section 504 of the Rehabilitation Act, and Section 1557 of the ACA – require states to ensure they are not discriminating based on disability in their Medicaid programs.
Bazelon’s detailed guide outlines concrete steps states can take to ensure they are complying with disability rights laws.
Read the
full guide
Policy Advocacy
Veterans’ Affairs, Department of Justice Move to Strip Rights from Homeless Veterans
On March 11, 2026, Bazelon Center’s Deputy Director, Jennifer Mathis, was quoted in a New York Times article titled, “V.A. Begins Drive to Put Some Homeless Veterans Into Guardianship.” The piece examines the Trump administration’s move to expand the power of government attorneys to initiate court proceedings for veterans they deem “unable to make their own health care decisions.”
“[V.A. officials] are seeking to have people placed under guardianship so they can have a person appointed who will force them into congregate or institutional settings when there isn’t anything else available,” Mathis said, adding that, “if there are veterans ‘sitting in V.A. hospitals’ unable to be discharged, as the V.A. says, it is ‘almost certainly’ because there are long waits for intensive community services or independent housing.”
Read the full New York Times article
Read Bazelon’s full statement opposing the VA-DOJ initiative
Media
Bazelon Consults on New Short Documentary,
ICE: No One Is Safe
The Bazelon Center has been consulting with
Brave New Films
on a new short documentary,
ICE: No One Is Safe
, which explores the impact of ICE raids and recent unlawful immigration enforcement practices on people with disabilities.
These stories are urgent right now, as the use of new harmful immigration enforcement tactics continues to expand – often with little regard for the rights and dignity of those being targeted, including people with disabilities.
The full film is now available on our YouTube channel
Watch the full film.
Content note:
This film includes depictions and descriptions of violence and may not be appropriate for children.
Bazelon Center Joins Leading Disability Organizations in Opposition to DOJ Rule Delaying Digital Accessibility
April 21, 2026
– the Bazelon Center joined a broad coalition of disability rights organizations in a statement expressing unequivocal opposition to the Department of Justice’s Interim Final Rule extending the compliance deadline for the Title II digital accessibility rule.
Fourteen years after first beginning a rulemaking to establish standards for web accessibility, the Department of Justice issued a rule in 2024 under Title II of the Americans with Disabilities Act, requiring state and local governments to ensure that their websites and mobile app content are accessible to people with disabilities. Rather, it clarified and detailed how, precisely, these governments must act in order to comply with this existing obligation. In doing so, it created clarity and transparency for all parties, increasing accessibility while simultaneously reducing liability risk.
On April 20, the Department of Justice issued an Interim Final Rule (IFR) extending this deadline to April 2027 for large entities and to April 2028 for smaller entities. These actions undermine the significant efforts of organizations and advocates working to ensure accessible digital services. Most importantly, the delay prolongs the barriers that people with disabilities face in accessing essential services provided by state and local governments.
We strongly oppose these changes and demand that the Department withdraw the Interim Final Rule and restore the original compliance deadlines. If the Administration wants to make changes to rules, they should use the notice and comment process in order to hear from impacted communities.
Read the full joint statement (PDF).
Bazelon Center and Partners Opposes ADA ‘Notice and Cure’ Bill
March 25, 2026 –
The Bazelon Center and partners
sent a letter
to the House Judiciary Committee in strong opposition to H.R. 6453, the “ADA 30 Days to Comply Act.” This bill, if enacted, would diminish the ability of disabled people to participate in the mainstream of society by reducing their access to stores, theaters, hotels, restaurants, doctors’ offices, private schools, and other places of public accommodation. H.R. 6453 would amend the Americans with Disabilities Act’s public accommodations provisions by forbidding people with disabilities from suing to enforce their rights with respect to architectural barriers unless they first comply with onerous requirements that they give specific notice to the owner or operator of a business about the specific barriers they encountered and give the business 30 days to fix the problem or to make “substantial progress” in doing so.  The bill’s authors claim that it is too heavy a burden for businesses to be aware of their obligations under the ADA 36 years after that law was enacted, but propose placing the burden on people with disabilities to educate and notify businesses of these obligations in order to enforce their rights. Most significantly, the bill would take away any incentive for businesses to comply with the ADA proactively since the remedies in this part of the ADA are entirely forward-looking.  Businesses could do nothing unless and until they received a notice that they were out of compliance, and would experience no consequences.  Unfortunately, the Committee voted to proceed with the bill.  We will work with our partners to oppose the legislation as it proceeds.
Read the full letter (PDF)
Bazelon Center Opposes Veterans’ Affairs-Department of Justice Initiative to Strip Rights from Homeless Veterans
March 25, 2026 –
We are gravely concerned about the Department of Veterans’ Affairs’ (VA) new initiative seeking to place hundreds of homeless veterans under guardianship. On
March 11
, we issued a
statement
expressing grave concerns about this initiative and the VA’s entry of a Memorandum of Understanding with the Justice Department to deputize VA lawyers as Special Assistant U.S. Attorneys for the express purpose of filing petitions to have veterans placed under guardianship.  On
March 25
, the Bazelon Center and partners submitted a
statement for the record
in a House Veterans Affairs Committee hearing, opposing draft legislation to give the VA authority to litigate guardianship petitions involving veterans and the VA’s broader initiative to expand guardianship of veterans.  Internal VA documents introduced at the hearing indicate that this initiative was designed to implement the Executive Order on Ending Crime and Disorder.
While the VA claims that veterans are stuck in VA hospitals because they lack capacity to make health care decisions, it is far more likely that these veterans are stuck because of the lack of community mental health services and housing. “In our experience, the reasons that people sit in psychiatric hospitals or wards waiting to be discharged is almost always that there are not sufficient community services or housing,” said Jennifer Mathis, Deputy Director of the Bazelon Center. “The VA’s new initiative will do little to solve the underlying problems facing homeless veterans with mental health disabilities. The VA should focus on ensuring that the veterans it is responsible for serving have the help they need to live and thrive in their own homes and communities rather than trying to strip them of their right to make decisions.”
In December 2025, the Ninth Circuit Court of Appeals upheld a ruling that the VA was discriminating based on disability under Section 504 of the Rehabilitation Act by failing to serve homeless veterans with mental illnesses in West Los Angeles in the most integrated setting appropriate. It appears that the VA’s new initiative is an effort to avoid providing the community services and housing that veterans want and to have them placed in congregate settings instead. That would be bad policy and would violate the law.
Read the March 25 statement for the record (PDF)
Bazelon Center and Other Leading Mental Health and Substance Use Disorder Organizations Release Joint Statement on Medicaid Fraud
March 17, 2026
– Today, the Bazelon Center and other leading mental health and substance use disorder organizations
released a joint statement
to the House Energy and Commerce Committee’s Subcommittee on Oversight and Investigations in response to today’s hearing on “Protecting Patients and Safeguarding Taxpayer Dollars: The Role of CMS in Combatting Medicare and Medicaid Fraud.”  These national organizations represent people with mental health and substance use disorders, family members, mental health and addiction providers, advocates, and other stakeholders who recognize the importance of efforts to maintain program integrity for Medicaid and all programs funded at taxpayer expense. Claims of fraud, waste, abuse, or improper payments should always be investigated, but broadly undermining the Medicaid program does not address these and only harms Americans, particularly those with mental health and substance use disorders. We urge Congress not to make further cuts to Medicaid, which will harm individuals who depend on lifesaving care.
Read the full statement (PDF)
The Disability and Aging Collaborative and Consortium for Constituents with Disabilities (CCD) Submit Letter to Congress on Critical Role of Home and Community-Based Services (HCBS)
March 17, 2026
– On March 9, the members of the Disability and Aging Collaborative (DAC), the Health and Long Term Services and Supports (LTSS) Taskforces of the Consortium for Constituents with Disabilities (CCD), and allied organizations
urged Congress
to oppose actions by the current Administration that would restrict crucial Medicaid home and community-based services (HCBS) and harm people with disabilities and older adults. We strongly disagree with the Centers for Medicare & Medicaid Services’ (CMS) implication that increased spending on HCBS, including mental health services, and other integral services for people with disabilities and the increased number of direct care workers alone are indicative of issues with program integrity. The Administration is taking misguided and sweeping actions that put the health, well-being, and independence of people with disabilities and older adults at risk.
Read the full letter (PDF)
Bazelon Statement on
Veterans’ Affairs-Department of Justice Initiative to Strip Rights from Homeless Veterans
March 11, 2026 –
We are gravely concerned about the Department of Veterans’ Affairs’ new initiative seeking to place hundreds of homeless veterans under guardianship.
According to an announcement today
, the VA and the Justice Department have entered an agreement to appoint VA lawyers to serve as Special Assistant United States Attorneys and petition for appointment of guardians for homeless veterans in VA hospitals.  While the VA claims that these veterans are stuck in VA hospitals because they lack capacity to make health care decisions, it is far more likely that these veterans are stuck because of the lack of community mental health services and housing.
Without sufficient housing and services to serve these veterans in the community, guardians are likely to seek their placement in institutional facilities, even if they could be served in their own homes.
Read the full statement (PDF)
Bazelon Center Files Amicus Brief in
NY v. Department of Justice
March 6, 2026 –
Today, the Bazelon Center and other organizations representing people with disabilities, older adults, immigrants, and low income people
filed an amicus brief
in
NY v. Department of Justice
. This brief supports the challenge brought by New York and other states to a set of federal government notices seeking to add citizenship verification requirements to many critical programs and services that have been interpreted for years to be exempt from this type of requirement. The brief highlights the importance of these services, such as Certified Community Behavioral Health Clinics (CCBHCs), Community Mental Health Block Grant Services, and Projects for Assistance in Transition from Homelessness (PATH), and explains how imposing a “show me your papers” requirement would prevent many people with disabilities and older adults from using these services, regardless of their immigration status.
Read the amicus brief (PDF)
Bazelon Comments on Florida’s 1115 Demonstration Waiver Application
March 5, 2026 –
Today, the Bazelon Center
submitted public comments
in response to Florida’s application to expand the use of institutional care through a demonstration project with federal Medicaid dollars.  The Center urged the Centers for Medicare and Medicaid Services (CMS) to reject Florida’s application given that many individuals served in institutional settings receive better care and achieve recovery in home and community-based settings, and increasing institutional use will not address the state’s lack of community-based mental health services.
Read our comments (PDF)
Disability Rights Groups’ Statement Responding to Texas’ Attack on Right of Disabled People to Live in their Own Communities
January 28, 2026 –
The Bazelon Center, along with other national disability and aging organizations, issued this statement in response to an amended complaint filed by Texas and eight other states in a lawsuit challenging HHS’s 2024 regulation implementing Section 504 of the Rehabilitation Act.  The amended complaint, filed on January 23, 2026, argues that HHS acted unlawfully and unconstitutionally in issuing this regulation and specifically challenge its provisions concerning the right of people with disabilities to live and receive services in the most integrated setting appropriate.  The states are asking a federal court to invalidate the entire Section 504 regulation.
Read the full statement
Disability Rights Groups Condemn Anti-Trans Rulemaking
December 18, 2025 –
The Bazelon Center, American Civil Liberties Union, The Center for Public Representation,
Disability Rights Education and Defense Fund,
Justice in Aging and the
National Health Law Program
join in solidarity with the transgender community to denounce discrimination against transgender people, including those with disabilities, and to condemn the anti-trans actions by the U.S. Department of Health and Human Services (HHS) and this administration.
We reject recent efforts by the Administration to limit federal civil rights protections for individuals with gender dysphoria and impose hurdles to enforcing their rights under Section 504 of the Rehabilitation Act.
Read the full statement here
Recommendations for Mitigating Harms to People with Disabilities, Older Adults, and Caregivers from Medicaid Work Requirements
December 2, 2025 –
The One Big Beautiful Bill Act (OBBBA) establishes unprecedented work requirements in Medicaid expansion. Prior experience has shown that people with disabilities, older adults, and caregivers who should be exempted from work requirements often lose coverage or are denied enrollment due to poor outreach or excessive red tape. This co-branded brief from Justice in Aging, the Bazelon Center for Mental Health Law, and the National Health Law Program offers implementation strategies to minimize wrongful coverage loss and protect people’s access to care due to these new policies.
Read the full brief here
The Bazelon Center for Mental Health Law
and Corporation for Supportive Housing Release New Guide to Help Protect Medicaid Coverage for People with Disabilities Before Historic Cuts Under the “One Big Beautiful Bill Act” Take Effect.
December 1, 2025 –
Today,
the Bazelon Center for Mental Health Law, in partnership with the Corporation for Supportive Housing (CSH), released a new, comprehensive guide detailing what states must do to comply with federal disability rights laws and prevent wrongful Medicaid coverage loss as the “One Big Beautiful Bill Act” (OBBBA) is implemented.
The OBBBA
cuts $1 trillion from Medicaid
and imposes significant new requirements, including an 80-hour-per-month work mandate and eligibility redeterminations at least every six months. While the law will create administrative challenges for millions of people, people with disabilities, many of whom rely on Medicaid for the services that enable them to live and participate fully in their communities, will face particular barriers.
The new guide outlines states’ legal obligations under the Americans with Disabilities Act (ADA), Section 504 of the Rehabilitation Act, and Section 1557 of the Affordable Care Act to ensure equal opportunity in their Medicaid programs.
These protections continue to apply even as the new federal law takes effect.
Read the full guide here
Bazelon and NAACP Legal Defense Fund Publish Toolkits to Support Efforts to Develop Non-Police Responses to Black People with Disabilities
June 1, 2025 –
On May 31, in recognition of Mental Health Awareness Month, the Bazelon Center and the NAACP Legal Defense Fund jointly released two toolkits supporting efforts to develop non-police responses to emergency calls involving Black people with disabilities.
One toolkit
provides an overview of the risks that law enforcement responses to mental health emergency calls pose to people with psychiatric disabilities, the need for emergency call centers (including 911) to be able to redirect mental health emergency calls to call takers with appropriate expertise and to dispatch mental health crisis response teams where an in-person response is needed, and the importance of providing culturally responsive services that meet the needs of Black people with mental health disabilities.
second toolkit
focuses on what state and local governments should do to address these issues, including ensuring that call centers (reachable through 911, 988, or other hot- or warm-line numbers) can resolve most calls for help; that mobile crisis teams are available to respond quickly when needed, de-escalate situations, and connect people to services; and that there are sufficient places in the community where people can go for crisis resolution where a crisis cannot be resolved on the scene. The toolkit concerning state and local governments also highlights a number of important strategies, including investing in peer-led services, diversifying the mental health workforce to reflect the race, ethnicity, culture, sexual orientation, and gender identities of the communities served, and ensuring that affected communities are involved in the design, implementation, and evaluation of non-police responses.
See our press release (PDF) here
Bazelon Center Statement on House Passage of the One Big Beautiful Bill Act
May 23, 2025 –
The Bazelon Center strongly condemns the House of Representatives’ passage of the One Big Beautiful Bill Act, which would strip millions of Americans of needed health care and other vital services.  Passed by the U.S. House of Representatives on May 22, 2025, this legislation would make draconian cuts to the Medicaid program—a lifeline for millions of people with disabilities—and slash other critical services.
Read the full statement (PDF)
Bazelon Center Statement on Proposed Cuts in Budget Reconciliation Bill
May 13, 2025 –
We call on members of Congress to reject the budget reconciliation bill that is scheduled for markup tomorrow.  According to the Congressional Budget Office, the legislative proposals being considered would cut $715 billion from Medicaid and other health programs and result in 13.7 million Americans losing health coverage.  These draconian cuts would be devastating for people with disabilities, many of whom rely on Medicaid for the services that they need to survive and to live in their homes and communities.  Millions of people with disabilities would lose their coverage from the bill’s work requirements alone–not because they are failing to work or engage in other required activities but because they cannot meet onerous and confusing reporting requirements.  The bill would also allow states to keep people from enrolling in Medicaid even if they are currently working, if they cannot prove that they met the work requirements at some point in the past. Such provisions seem designed not to encourage work but simply to take away health coverage.  In addition, people who lose access to Medicaid due to work requirements would also be locked out of health coverage through the Marketplace, leaving them without viable health care options.
Read the full statement here (PDF).
Bazelon Center and National Organizations Send Letter to HHS re Concerns on Reorganization and Cuts
April 28, 2025 –
On April 23, the Bazelon Center and 26 other national mental health and disability organizations
sent this letter
to the U.S. Department of Health and Human Services (HHS) and key Congressional offices raising deep concerns about the planned reorganization of HHS and deep cuts to HHS programs.  The letter highlights key functions of the Substance Abuse and Mental Health Services Administration (SAMHSA) and the Administration on Community Living (ACL) and urges that those functions continue with any reorganization.
Read the letter (PDF)
Update on the
Texas v. Kennedy
Lawsuit (previously
Texas v Becerra
April 22, 2025 –
This explainer gives updates about
Texas v. Kennedy
Texas v. Kennedy
is a lawsuit brought by 17 states in federal court in the Northern District of Texas. The lawsuit challenges 2024 regulations from the U.S. Department of Health and Human Services (HHS). The lawsuit claims that Section 504 of the Rehabilitation Act is unconstitutional.
This explainer
updates
our February 21, 2025, explainer
Bazelon Testimony on D.C.’s Response to Behavioral Health Crises
April 11, 2025
– Today, the Bazelon Center submitted written testimony to the D.C. Council Committee on Health for a roundtable on effective responses to behavioral health crises in the District.  The Center urged the Committee to expand and improve its delivery of community-based mental health services for both adults and children, and to invest in home-like “places to go” for the infrequent occasions when someone experiencing a mental health crisis cannot receive services in their home.
Read our testimony (PDF)
Bazelon Comments on Ohio’s 1115 Demonstration Waiver Application
April 7, 2025 –
Today,
the Bazelon Center
submitted public comments
in response to Ohio’s application to impose work requirements in its Medicaid program.  The Center urged the Centers for Medicare and Medicaid Services (CMS) to reject Ohio’s application given that past experience with Medicaid work requirements shows that they have consistently caused thousands of people to lose needed health care coverage inappropriately.
Read our comments (PDF)
Bazelon Resource on Medicaid Work Requirements
March 31, 2025 –
Today, the Bazelon Center
issued this explainer
on how Medicaid work requirements would affect people with mental health disabilities.  The explainer makes clear that Medicaid work requirements would result in large numbers of people with mental health disabilities losing key services, and instead of increasing employment, these requirements would make it harder for people to work.
Read the explainer (PDF)
Bazelon Comments on SAMHSA Mobile Crisis Team Services Implementation Toolkit
March 21, 2025 –
The Bazelon Center submitted comments in response to SAMHSA’s call for public comment on its draft Mobile Crisis Team Services implementation toolkit.
Read our comments (PDF).
Bazelon Urges Court to Approve Proposed Reforms to Louisville Emergency Response System for Mental Health Calls
March 10, 2025 –
The U.S. Department of Justice (DOJ) and the Louisville Metro Government in Kentucky have jointly sought court approval of
a court-enforced settlement
agreement (known as a “consent decree”) that requires, among other things, a non-police response to people experiencing mental health crises.  The police union has opposed the consent decree for reasons relating to other portions of the agreement, and we are urging the court to accept the proposed consent decree.  We have filed briefs on behalf of both police and mental health experts that respond to questions posed by the judge and show that the changes to Louisville’s emergency response system required by the agreement are reasonable, effective, and necessary to reduce the use of force against, and the arrest and incarceration of, people with mental health disabilities.
The settlement would resolve DOJ’s findings that Louisville Metro and the Louisville Metro Police Department engage in a pattern or practice of violations of the Constitution and federal law. In a
2023 findings report
, DOJ described significant problems with the city’s police and emergency response practices, including unnecessarily deploying police in response to mental health crises, a practice that violates the Americans with Disabilities Act (ADA).
In response to targeted questions from the Court, Bazelon and co-counsel filed two amicus briefs urging the court to approve the proposed consent decree. The briefs were filed on behalf of policing and mental health experts, as well as stakeholders and service providers from Kentucky, who all agreed that the proposed mental health reforms to Louisville’s emergency response system were reasonable, effective, and necessary to avoid harm to and discrimination against people with mental health disabilities.
Authored by Bazelon, the
Center for Public Representation
, and the law firm of
Baker & Hostetler LLP
, the briefs explain that using police as the default first responders to mental health emergencies, when a healthcare response is sent to other health emergencies, is straightforward disability discrimination. It would likewise be discriminatory if a hospital emergency room referred only people experiencing chest pain to its security guards, while providing a health response to all others. The briefs also explain that the ADA imposes an affirmative obligation to reasonably modify policies and practices to ensure an equal opportunity to benefit from emergency services.
The briefs are supported by testimony from a former major city police chief who served for 19 years in leadership roles for the Major Cities Chiefs Association. The declaration explains how the changes in the settlement agreement are consistent with effective police practices in other jurisdictions and how they further the goals of public safety for all.
Read our Louisville amicus brief
and
supplemental amicus brief
Read the consent decree
Read the consent decree fact sheet
Read the DOJ findings report.
Bazelon Center and Partners Publish FAQs on the Rights of Federal Employees with Disabilities
March 3, 2025 –
Together with our partners at the Disability Rights Education and Defense Fund (DREDF) and the ACLU, we published
FAQs on the rights of federal employees with disabilities in 2025
. We compiled this resource in response to actions being taken at some federal agencies including re-evaluation of all reasonable accommodations currently received by federal workers. The FAQs contain key information on the rights of federal employees under laws like Section 501 of the Rehabilitation Act and respond to a wide variety of questions arising as a result of recent directives and actions concerning the federal workforce.
Update on Section 504 Challenge in
Texas v. Becerra
February 27, 2025 –
We want to provide an update on
a Joint Status Report
that was filed by the 17 states and the U.S. Department of Health and Human Services on Wednesday, February 19, 2025, in the Texas case attacking Section 504.
Although several Attorneys General told stakeholders that the lawsuit would be dropped or that their state would withdraw from it, all 17 states made clear in the filing that they will continue to pursue claims that Section 504 is unconstitutional
The AGs
also continue to challenge
HHS’s Section 504 rule, including
portions of the regulations related to community integration and
Olmstead
, which require states to provide services in the “most integrated setting.” The integration regulation protects the right of people with disabilities to live, learn, and work in their community with needed supports and services instead of being segregated or unnecessarily institutionalized. No state Attorney General has withdrawn from the lawsuit at this time.
Please read our Joint Statement (PDF) for more information
Longtime Mainstay of Bazelon Center, Jennifer Mathis, to Return as Deputy Director After Serving as Deputy Assistant Attorney General for Civil Rights in the Biden Administration
February 3, 2025 –
Today, the Bazelon Center announces
the return of Jennifer Mathis, who will be the Deputy Director and will help lead the organization. Mathis returns to the Bazelon Center after serving for four years as Deputy Assistant Attorney General for Civil Rights in the U.S. Department of Justice (DOJ).
“I am thrilled to return to the Bazelon Center and re-engage in its critically important work,” said Mathis. “The Center combines litigation, policy advocacy, and deep expertise in a wide range of issues affecting people with psychiatric disabilities in uniquely impactful ways.  I am proud to be a part of that work once again.”
Prior to joining the Biden Administration, Mathis worked at the Bazelon Center for 22 years supervising the Center’s policy advocacy and litigating complex lawsuits establishing the rights of individuals with mental disabilities. She helped litigate the seminal
Olmstead
case in the Supreme Court and has litigated ground-breaking integration cases in states across the country.
“We are so happy and very fortunate that Jennifer is returning to the Bazelon Center in an important leadership role. She accomplished a remarkable amount in her tenure at the U.S. Department of Justice and she will continue to have a large impact on federal policy and federal law,” said Holly O’Donnell, CEO of the Bazelon Center for Mental Health Law.
Megan E. Schuller, Legal Director at the Bazelon Center states, “Jennifer is widely recognized as one of our nation’s leading experts on the rights of people with psychiatric disabilities to live and work in the community. Her work has improved the lives of thousands of people with disabilities nationwide. Jennifer is returning at a critical time for our work, and her leadership will be invaluable to our ongoing efforts to ensure people with mental disabilities can safely live, learn, work, and fully participate in their communities with the supports and services they need to succeed.”
During the Obama Administration, Mathis spent a year as special assistant to the U.S. Equal Employment Opportunity Commission (EEOC) Commissioner Chai Feldblum.  She helped draft regulations implementing th
e Americans with Disabilities Amendments Act
ADAAA) and the Genetic Information Non-Discrimination Act (GINA).
Mathis h
olds an A.B. from Harvard University, an M.A. from New York University, and a J.D. from Georgetown University Law Center.
Bazelon Leads Efforts to Defend Essential Disability Rights Law
January 31, 2025 –
In September,
seventeen states filed a lawsuit
in the U.S. District Court for the Northern District of Texas, challenging the constitutionality of a federal disability rights law known as Section 504 of the Rehabilitation Act (Section 504), as well as the U.S. Department of Health and Human Services’ (HHS) recently updated Section 504 regulation.
Section 504, signed into law by President Nixon in 1973, is part of a long-standing federal civil rights law that prohibits employers and organizations that receive federal funding – including many schools, hospitals, nursing homes, mental health centers, and human service programs – from discriminating based on disability. Since its passage in 1973, Section 504 of the Rehabilitation Act has been reenacted multiple times, and its implementing regulations have been continuously approved and upheld by Congress. The Section 504 regulation issued in May 2024 updated and clarified the lead regulation implementing Section 504, which had not been updated since the 1970s.
The states disagree with a few things in the updated Section 504 rules. But the lawsuit asks the court to get rid of all the updated rules – and to get rid of Section 504 itself, not just the rules they disagree with. The lawsuit says that Section 504 goes against the U.S. Constitution and that no one should have to follow any part of Section 504. If the 17 states win, it would remove these critical protections against disability discrimination and could dramatically set back people with disabilities’ ability to live in their own homes and communities, get access to healthcare, and obtain a public education.
Join us for a
Disability Community Briefing: What You Can Do to Stop the Attack on Section 504
on
February 12, 2025
at 9:30 am PT / 12:30 pm ET. We will talk about the case, what it means, and what you can do about it.
Please
If you live in one of the states that is bringing the case, you can
ask your state Attorney General to drop out of the case
. The states bringing the case are: Alaska, Alabama, Arkansas, Florida, Georgia, Indiana, Iowa, Kansas, Louisiana, Missouri, Montana, Nebraska, South Carolina, South Dakota, Texas, Utah, and West Virginia.
Read our Plain Language Explainer on the case
Take action to
Save 504
Learn more about the case and what you can do to help
Bazelon Center Condemns President Trump’s Unsupported and Harmful Statements about the Hiring of People with Disabilities
January 30, 2025 –
The Bazelon Center condemns President Trump’s unsupported and harmful statements today about the hiring of people with psychiatric and other disabilities.  These types of unsupported stereotypes contribute to discrimination, unemployment, and marginalization of people with disabilities.
People with disabilities, including mental disabilities, have long served our country at every level of government with distinction, including in the office of the president. People with psychiatric disabilities are successful politicians, judges, scientists, engineers, academics, pilots, air traffic controllers, and indeed “geniuses.”  For President Trump to suggest otherwise is baseless, wrong, and stigmatizing.
Read the joint statement released by the Bazelon Center and other leading disability organizations (PDF)
G.T. v. Kanawha County Schools
September 19, 2024 –
Bazelon and its co-counsel filed a petition for panel rehearing and rehearing en banc in the Fourth Circuit, asking the full court to reconsider the panel’s decision decertifying a class of Kanawha County students with disabilities who need behavior supports and have experienced disciplinary removals from the classroom, or in the alternative, asking the panel to clarify an ambiguous portion of its decision to make clear that plaintiffs may seek forward-looking injunctive relief under the IDEA.
Read the petition
Bazelon Center Defends Rights of People with Mental Health Disabilities to Serve in the Peace Corps
On
September 6
, the Bazelon Center, along with co-counsel Bryan Schwartz Law and Baker & Hostetler LLP, filed an opposition to the Peace Corps’ motion to dismiss our case,
Doe v. Spahn
, a federal lawsuit challenging the Peace Corps’ rules and criteria that disqualify most people with past or current mental health conditions from serving as Peace Corps volunteers as discriminatory in violation of the Rehabilitation Act and the Administrative Procedures Act (APA).
Read the opposition
Bazelon Files Comments with CMS on California’s New 1115 Waiver Proposal
On August 30
, Bazelon filed comments with CMS on California’s new proposal expressing our deep concerns regarding the proposed inclusion of “room and board in enriched residential settings” (ERS) as part of a “care continuum.” We explained why ERS are inconsistent with federal civil rights laws and the Supreme Court’s decision in
Olmstead
. We also explained the evidence and research showing that a step-down model or “linear continuum of care” is not necessary or effective. Finally, we called on CMS to impose guardrails limiting the use of ERS if approved.
Read the comments
Georgia Advocacy Office v. Georgia
August 19, 2024 –
In August 2024, Bazelon and co-counsel filed this response to Defendant’s filing based on the Supreme Court’s recent decision in
Loper Bright
. We argued that, contrary to Defendant’s arguments,
Loper Bright
did not impact plaintiffs’ claims under the ADA and Section 504, and
Loper Bright
should not alter the court’s view of the parties’ pending summary judgment motions.
Read Bazelon’s response
On July 19, 2024
, the U.S. Department of Justice (DOJ) filed this response to the defendants’
Loper Bright
filing, in a parallel case brought by the DOJ against the GNETS program,
United States v. Georgia
Read DOJ’s response
Bazelon Center and Mental Health Experts Decry Supreme Court Decision Upholding the Criminalization of Homelessness and Highlight Proven Solutions
June 28, 2024 –
Today the Supreme Court held that laws that criminalize sleeping in public when no safe and accessible shelter options are available are not cruel and unusual punishment. The Bazelon Center for Mental Health Law, American Psychiatric Association, National Alliance on Mental Illness, National Association for Rural Mental Health, and National Association of Social Workers issued a statement in response to the Court’s decision.
As we described in
our amicus brief in this case
, which Justice Sotomayor drew on in her dissent, allowing laws that arrest and ticket people for trying to survive will have devastating consequences on the large and growing number of Americans experiencing homelessness, including people with mental health disabilities. Everyone needs a safe place to sleep. Governments can – and many successfully have – put in place community-based services without resorting to criminal enforcement. Community-based housing and mental health services are a far more effective and less expensive way to address homelessness than incarceration or hospitalization.
Read the full alert
Bazelon files a 2nd Amicus Brief in
Bread for the City v. DC
On
June 24, 2024,
Bread for the City v. D.C.
challenges the District of Columbia’s practice of sending police officers rather than mental health providers to respond to mental health emergencies as a form of discrimination prohibited by the Americans with Disabilities Act (ADA) and the Rehabilitation Act. On June 24, the Bazelon Center filed a second amicus brief in the case, again arguing that the ADA requires D.C. to provide a mental health rather than a police response to people experiencing a mental health crisis. The brief responded to the court’s questions about the ADA, the definition of disability, and the impact of certain appellate and Supreme Court cases. This supplemental brief was again co-authored by Baker Hostetler, and was filed on behalf of MHA, AAPD, Bazelon, Miriam’s Kitchen, PDS-DC, Total Family Care Coalition, The Arc of D.C., DRDC, and School Justice Project.
On
September 10
, U.S. District Court Judge Reyes announced that she was denying the District’s motion to dismiss, becoming the first federal district court judge in the country to find that sending police as default first responders to mental health emergencies states a claim under the Americans with Disabilities Act (ADA) and Rehabilitation Act. She explained that, accepting the facts as alleged in the Complaint as true, this is the type of differential treatment based on disability that the ADA and Rehabilitation Act are intended to address.
Read the Amicus Brief
Bazelon Center Celebrates Critical Civil Rights Protections for People with Disabilities in New HHS Rule Implementing Section 504 of the Rehabilitation Act
May 9, 2024 —
The Bazelon Center commends the U.S. Department of Health & Human Services (HHS) for issuing the new
Section 504 Final Rule,
Discrimination on the Basis of Disability in Health and Human Service Programs or Activities
The rule updates and strengthens the lead regulation implementing Section 504 of the Rehabilitation Act of 1973, a federal law that prohibits disability-based discrimination in federally funded health and human service programs and activities, including in healthcare and child welfare programs. The HHS Section 504 rule incorporates the U.S. Supreme Court’s ruling in
Olmstead v. L.C.
(Lois Curtis) that people with disabilities have a right to live and receive services in their homes and community and to be free from segregation and unnecessary institutionalization. It also explains how this mandate applies in the child welfare system.
“HHS’ new Section 504 rule updates and clarifies federal disability rights regulations that had not been updated since the 1970s,”
explained Bazelon Legal Director Megan Schuller.
“The new rule is an important step towards realizing the promise of these laws to eradicate disability discrimination in all its forms, including the continued isolation and unnecessary institutionalization of people with mental disabilities.”
Last fall, the Bazelon Center co-authored coalition
comments with members of the Consortium for Constituents with Disabilities
(CCD) that responded to HHS’ then-proposed Section 504 rule. The comments included key Bazelon Center priorities. Bazelon led coalition efforts to ensure the full integration of people with disabilities in the community and to advance the rights of children and parents with disabilities in the child welfare system. We are pleased to see our recommendations reflected in the rule.
Responsive to feedback from Bazelon and partners, the rule defines “most integrated setting” broadly. This updated definition aligns with longstanding Department of Justice
Olmstead
guidance
, as well as widely accepted
Key Principles for Community Integration for People with Disabilities
. The rule also recognizes that an entity’s practices, as well as its policies, can result in segregation, and that settings like group homes that are located in the community can still be segregated and discriminatory.
The rule also requires child welfare agencies to place children with disabilities in the most integrated setting and prohibits “the unnecessary or unjustified segregation of children with disabilities, such as default placement in institutional or other congregate care,” which “should never be considered the most appropriate long-term placement for children.” Children with disabilities must be supported to live in the most integrated setting, which “is almost always the family home or a foster care setting.”
In response to our comments, HHS also made explicit that Section 504 applies to family preservation services and reunification efforts and that parenting assessments must be individualized and measure parenting ability, not a parent’s disability.
The final rule was officially published today.
Please join us in sharing this critical information, and in ensuring that the promise of Section 504 and the ADA is fully realized.
Read the Bazelon Center’s summary and analysis of key provisions
Read the Final Rule
, which will take effect on July 8, 2024.
Read the Final Rule Fact Sheet
, which summarizes key updates.
Learn more about the protections of Section 504 of the Rehabilitation Act
Bazelon Center and Mental Health Experts File Amicus Brief Opposing the Criminalization of Homelessness and Presenting Proven Solutions in Landmark Supreme Court Case
April 3, 2024 —
Today, the Bazelon Center for Mental Health Law, together with the American Psychiatric Association, National Alliance on Mental Illness, National Association for Rural Mental Health, and National Association of Social Workers,
filed an amicus (friend-of-the-court) brief
in the U.S. Supreme Court case
Johnson v Grants Pass
addressing the impact of efforts to criminalize homelessness on people with mental health disabilities and refuting arguments that such efforts are necessary to combat homelessness. As the brief – authored by the Bazelon Center and the law firm Kellogg Hansen – explains, there are alternatives. Community-based housing and mental health services are far more effective than criminal enforcement in addressing homelessness and supporting people with mental disabilities.
Johnson v. Grants Pass
is the most important case regarding homelessness in decades. It will address whether laws that criminalize sleeping in public with basic protections such as a blanket – when no safe and accessible shelter options are available – violate the Eighth Amendment’s prohibition on cruel and unusual punishment.
Read the full press release (PDF)
Read the amicus brief (PDF)
Bazelon Center Receives $2 Million Gift from Yield Giving Open Call
March 19, 2024
– Today, MacKenzie Scott’s
Yield Giving
announced Judge David L. Bazelon Center for Mental Health Law as one of the
Yield Giving
Open Call’s awardees working with people and in places experiencing the greatest need in the United States. The Bazelon Center received $2 million. This is the largest unrestricted single contribution in the organization’s history.
The
Bazelon Center for Mental Health Law
is a national non-profit legal advocacy organization. For over 50 years, the Bazelon Center has advanced equal opportunity and full inclusion for people with mental disabilities.
Through litigation, policy advocacy, public education and technical assistance, the Bazelon Center works to protect and advance the civil rights of individuals with mental disabilities in all aspects of life.
“We are so appreciative of MacKenzie Scott’s tremendous and impactful gift to the Bazelon Center. This gift will allow us to fast track and expand our groundbreaking legal advocacy work. We were stunned and humbled to receive $1M more than we applied for,” said
Holly O’Donnell, President & CEO of the Bazelon Center.
“Right now, every day we make agonizing decisions not to take valid legal cases that could strengthen the law and change people’s lives,” said
Eve Hill, Chair of the Board of Trustees at the Bazelon Center and Partner at Brown, Goldstein & Levy
“W
ith this transformational gift, I believe the Bazelon Center will be able to expand the rights of people with mental disabilities in the areas of education, employment, health care, criminal justice, housing, voting, and more.”
“The $2M grant from Yield Giving will enable the Bazelon Center to be leaders in addressing the most challenging issues of our time for people with mental health disabilities,” added
Megan Schuller, Legal Director of the Bazelon Center
. “Today, people with mental health disabilities, particularly in Black and brown communities, face life-threatening challenges, experiencing violence and incarceration instead of care. Artificial Intelligence is being used to perpetuate and entrench deep-seeded bias and discrimination. Yield’s transformational grant will allow us to expand our work to address emergent challenges and to protect the rights of people with mental disabilities all the way up to the Supreme Court.”
Read the press release (PDF) here.
Bazelon Center Files Brief Arguing that D.C. Must Send Mental Health Staff, not Police, to People Experiencing a Mental Health Crisis
February 27, 2024 –
The Bazelon Center submitted
an amicus brief
in the U.S. District Court for the District of Columbia arguing that the Americans with Disabilities Act (ADA) requires the District of Columbia to make a mental health rather than a police response to people experiencing a mental health crisis.   The District dispatches medical personnel in response to physical health emergencies, but almost always sends armed police officers to respond to mental health emergencies.  As
the brief
explains, this disparity violates the ADA and results in avoidable use of force, arrests, incarceration, injury, and death.
Sending the police is more likely to exacerbate, than alleviate, the situation.  Moreover, a mental health response would free up the police to address crime.  Using mental health workers rather than police as responders would also save taxpayer money.  Studies demonstrate that costs are higher when the police respond to individuals instead of a more appropriate response being made.
The brief
, co-authored by the firm of
BakerHostetler
, was filed on behalf of
Mental Health America
American Association of People with Disabilities
Bazelon Center
Miriam’s Kitchen
Public Defender Service for the District of Columbia
Total Family Care Coalition
Whitman-Walker Health
The Arc of D.C.
Disability Rights D.C. at University Legal Services
, and
School Justice Project
Read the press release (PDF) here
Read the amicus brief (PDF) here
Read Bread for the City’s Complaint here
Read the Department of Justice Statement of Interest here
Read Washington Post article that discusses Bread for the City’s case and Bazelon’s ongoing litigation against the District here
Bazelon Center and Vera Institute: A Different Response to 911 Calls is Urgently Needed
January 16, 2024 –
Read the new issue brief by the Bazelon Center and the
Vera Institute of Justice
, “
New Federal Guidance for Alternatives to Police for People with Behavioral Health or Other Disabilities.
” The issue brief analyzes recent guidance issued by the U.S. Departments of Justice and Health and Human Services, which makes clear that people with mental health and other disabilities should receive a health response—not a law enforcement response—in circumstances where others would receive a health response. “A health-focused team of workers with mental health expertise should be deployed instead of the police, just as an ambulance would be dispatched to help someone experiencing a physical health emergency.”
The new federal government guidance is an important step forward, but the Bazelon Center and the Vera Institute urge all levels of government to undertake greater investment in and clarity around the prioritization and implementation of unarmed crisis responses for people with disabilities over police-led approaches.
Read the full issue brief (PDF)
Bazelon Center Issues Report on the Benefits of Peer Supports in Crisis Services
January 9, 2024
How communities respond to a mental health crisis is one of the key issues facing people with mental health disabilities today.  Too often, police respond to calls to 911 in ways that cause physical and emotional harm to people in crisis, especially those from Black and brown communities.  Today the Bazelon Center for Mental Health Law released its new report, “
When There’s a Crisis, Call a Peer:  How People with Lived Experience Make Mental Health Crisis Services More Effective
.”  The report explains that when people with lived experience with mental health challenges working as “peer specialists” respond to these calls, individuals who need help are less likely to be admitted to emergency rooms and hospitals, more likely to be engaged in community-based services, experience less self-stigma and more self-empowerment, and are less likely to need crisis services in the future.
Read the full report (PDF)
Bazelon Center for Mental Health Law Commemorates Rosalynn Carter’s Life & Legacy
November 29, 2023 –
The Bazelon Center extends its condolences to President Carter and his family on the passing of Mrs. Carter as they gather today in Plains, Georgia. Mrs. Carter was a tireless advocate for mental health and her longtime leadership was instrumental in helping to destigmatize mental health and improve mental health service systems.
As our partners in this work for over 40 years, the Bazelon Center is deeply grateful for the efforts of Mrs. Carter and the Carter Center to realize the promise of the Supreme Court’s decision in
Olmstead v. L.C.
(Lois Curtis), leading to millions of Americans living their lives in the community, instead of institutions. We are committed to carrying on Mrs. Carter’s legacy alongside the Carter Center to build an effective mental health care system in the United States.
Bazelon Files Amicus Brief in U.S. Court of Appeals Supporting the Right of Children with Disabilities to Live with Their Families
November 15, 2023 –
The Bazelon Center and co-counsel submitted
an
amicus
brief
, or “friend of the court” brief, in the U.S. Court of Appeals for the Eleventh Circuit in
US v. Florida
, explaining that children with disabilities, including complex medical conditions, can and should live with their families. The brief was filed on behalf of the American Academy of Pediatrics, American Association of People with Disabilities, Child Neurology Foundation, Mental Health America, Muscular Dystrophy Association, National Federation of Families, Robert Wood Johnson Foundation, a pediatric medical expert, as well as other leading public health, family, and disability advocacy organizations from across the country.
In July, a U.S. District Court Judge ruled that the State of Florida violates the rights of children with complex medical needs by keeping some children unnecessarily institutionalized in nursing facilities in violation of the Americans with Disabilities Act and the Supreme Court’s decision in
Olmstead v. L.C.
(Lois Curtis), while placing other children at serious risk of unnecessary institutionalization. The court found that parents and guardians of institutionalized children overwhelmingly want their children to live at home, but that they have not been given meaningful options other than institutional placement. The court’s decision, coming after nearly a decade of litigation, marks a major turning point in the treatment of children with disabilities in Florida and vindicates their right to community integration. Florida appealed the decision.
Our brief
explains that the research and literature establishes that it is almost always more appropriate for children with complex medical needs to be cared for at home by family than in an institution. Similarly, research shows that parents want to care for their children at home but are often frustrated by a lack of resources, information, and assistance.
The brief was led by Kellogg, Hansen, Todd, Figel & Frederick partner Aaron Panner, the Bazelon Center, the Center for Public Representation, and NHeLP.
Read the
U.S. v. Florida
amicus brief (PDF)
Settlement Reached Between Disability Rights California, the County of Alameda, and the United States Department of Justice to Strengthen the County’s Behavioral Health System
November 7, 2023
– Disability Rights California (DRC), the County of Alameda, California, and the United States Department of Justice have entered into
a comprehensive settlement agreement
addressing the provision of community-based behavioral health services in the County. The settlement strengthens and expands services available to people with serious mental health disabilities with the goal of preventing unnecessary psychiatric institutionalization and incarceration.
The settlement agreement is the result of over two years of negotiations between the County, the U.S. Department of Justice, and DRC, as well as its co-counsel, Goldstein, Borgen, Dardarian & Ho, the Bazelon Center for Mental Health Law, Disability Rights Education & Defense Fund, and the Law Office of Aaron J. Fischer. The parties identified mutually desirable commitments to community-based behavioral health services. The County is seeking to further improve and deepen community-based services in an effort to best serve the residents of the County of Alameda.
Read the press release
Additional details of the final settlement agreement
Bazelon Center and Bryan Schwartz Law File Class Action Lawsuit Against Peace Corps for Outdated Policies that Discriminate Against Volunteers with Mental Health and Other Disabilities
September 28, 2023 –
The Bazelon Center for Mental Health Law and Bryan Schwartz Law, P.C. recently
filed suit
against the Peace Corps in the U.S. District Court for the District of
Columbia on behalf of a class of accepted applicants for Volunteer service who were denied
medical clearances because of their actual or perceived disabilities, or record of past medical conditions. The lawsuit alleges that the Peace Corps has, for years, discriminated against accepted applicants already determined to be qualified for the job based on their diagnoses, symptoms or treatment, such as therapy or medication – despite overwhelming evidence from qualified professionals who evaluated them that they are ready and able to serve.
The Plaintiffs’ stories represent the experiences of a class of people with disabilities who have suffered discrimination and had their dreams of Peace Corps service crushed based on the Peace Corps’ outdated and discriminatory policies and practices. The lawsuit seeks to end this discriminatory practice and ensure qualified applicants are not punished for getting mental health or other medical treatment and are evaluated in an appropriate way based on their present and not based on unfounded fears, speculation, and assumptions about their past.
Read the full press release (PDF)
Access the lawsuit (PDF)
Read the New York Times article
Yale Students, Alumni Reach Settlement Agreement to Resolve Lawsuit Against Yale University
August 25, 2023 –
Elis for Rachael, Inc., two Yale students, and Yale University release the following joint statement: “The parties have reached a settlement agreement to resolve a lawsuit filed last November in federal district court related to policies and practices impacting students with mental health disabilities.”
Read the Elis for Rachael Inc. v. Yale Settlement Agreement – ECF Stamped
Read the Settlement Agreement Fact Sheet
Read this Washington Post article
Bazelon Center and National Organizations Sign On to the Letter Addressed to Administrator Chiquita Brooks-LaSure Commenting on CMS’s Proposed Regulations in CMS-2439-P
July 3, 2023 –
The Bazelon Center for Mental Health Law and other national organizations, as part of the Consortium for Constituents with Disabilities (CCD), comment on the Centers for Medicare & Medicaid Services (CMS) proposed regulations on Medicaid managed care. Some proposed regulations include aligning enrollee protections and transparency requirements for Home and Community-Based Services across delivery systems, requiring states to gather feedback from enrollees about their experiences, and increasing provider reimbursement rates. The CCD generally supports the proposed regulations. However, they also offer suggestions as to how the regulations can best be implemented, such as oversampling when gathering feedback to ensure a variety of perspectives, and what else needs to be done, such as enforcing an appointment wait time standard across all types of services.
Read the full letter
here
Bazelon Center and National Organizations Sign On to the Letter Addressed to Administrator Chiquita Brooks-LaSure
Urging Changes to CMS’s Proposed Medicaid Access Rule
in CMS-2442-P
June 30, 2023 –
The Bazelon Center for Mental Health Law and other national organizations, as part of the Consortium for Constituents with Disabilities (CCD), comment on the Centers for Medicare & Medicaid Services’ (CMS) proposed Medicaid Access Rule. The proposed provisions include the establishment of a Medicaid Advisory Committee (MAC) with enrollee representation, a more robust incident management system, and standardized reporting on HCBS access. However, the CCD argues that the proposed provisions exclude Medicaid state plan rehabilitative services, thus excluding people with mental health disabilities. They suggest amendments, such as applying service plan standards and the HCBS grievance system to mental health rehabilitative services, increasing HCBS service rates so direct care workers receive better wages, and reporting HCBS measures annually and by key demographic elements. Read the full letter
here
Bazelon Center and Coalition Partners Urge Changes to CMS’s Proposed Medicaid Access Rule
June 30
2023 –
The Bazelon Center submitted comments, joined by numerous partners, raising concerns that people with mental health disabilities are being excluded from proposed Medicaid improvements. On May 3, the Centers for Medicare & Medicaid Services (CMS) issued a proposed rule on Ensuring Access to Medicaid Services, with the goal of improving access to and the quality of home- and community-based services (HCBS). However, the proposed rule’s added HCBS protections do not apply to mental health rehabilitative services, the home- and community-based services typically received by people with mental health disabilities.
Mental health rehabilitative services are how most Medicaid enrollees receive community mental health services—and most Medicaid beneficiaries receiving mental health rehabilitative services are people with mental health disabilities. Both Congress and CMS have recognized that mental health rehabilitative services are a form of HCBS and critical to realizing the promise of
Olmstead v. L.C. (Lois Curtis)
The Bazelon Center and the 73 organizations and individuals joining us call on CMS to extend the proposed rule’s protections to mental health rehabilitative services. Our comments can be found on the Federal Register
here
Bazelon Center and National Organizations Urge Congress Leaders McCarthy, Jefferies, McMorris Rodgers, and Pallone to Reject the IMD Exclusion Repeal
June 30, 2023 –
The Bazelon Center for Mental Health Law and other national organizations urge Congressional leadership to maintain the IMD Exclusion because it has provided key incentives for states to develop community-based services as it effectively prohibits states from using federal Medicaid funds to pay for mental health residential facilities for adults between the ages of 21 and 64. Long-term access to community-based recovery services is extremely important for individuals experiencing mental health disabilities; thus, federal dollars would be better spent on bolstering such community-based services.
Read the full letter here
Bazelon Center Warns that Health and Hospital Corporation of Marion County’s petition in
Talevski v. HHC
May Prevent Individuals’ Ability to Sue Under Spending Clause Statutes and Medicaid’s Nursing Home Reform Act
June 28, 2023 –
The Bazelon Center for Mental Health Law reacts to the Talevski v. HHC Supreme Court decision, stating that the stakes were extremely high for this decision. If SCOTUS had sided with the defense, it not only means that only the government could take action against nursing homes and medical facilities that violate the rights of residents, but access to the courts may also be cut off for beneficiaries of Medicare, Supplemental Nutrition Assistance Program, Medicaid, and Temporary Assistance for Needy Families.
Read the full article here.
Bazelon Center Supports the Strengthening Medicaid for Serious Mental Illness Act to Better Support Adults with Mental Health Disabilities
June 24, 2023 –
The Bazelon Center for Mental Health Law supports Senator Kirsten Gillibrand (D-NY) and Congressman Dan Goldman (D-NY-10)’s Strengthening Medicaid for Serious Mental Illness Act. This act would
incentivize states to provide a robust array of intensive community-based services for adults with mental health disabilities, such as
Assertive Community Treatment (ACT), housing-related services, supported employment, peer support services, and mobile crisis services. This act would
provide a federal financial contribution, on top of what a state would otherwise receive, for providing each of these critical community-based services.
Read the full article here.
Bazelon Center and National Organizations Sign On to the Letter Advancing Equity and Civil Rights in Artificial Intelligence and Technology Policy Sent to the White House
June 14, 2023 –
The Bazelon Center for Mental Health Law and other national organizations commend the Biden-Harris Administration for its efforts in prioritizing equity and civil rights in technology policy but call on the administration to take further steps in adopting a comprehensive approach to addressing the impact that Artificial Intelligence has on people’s rights and opportunities. Marginalized communities often face severe harm from automated systems, which are increasingly used in critical areas such as healthcare, immigration, policing, housing, and employment. The Bazelon Center calls on the administration to make the AI Bill of Rights a binding policy through OMB guidance. Read the full letter here.
Bazelon Center and National Organizations Endorse the VITAL Act to Increase Affordable and Accessible Housing
June 8, 2023
– The Bazelon Center for Mental Health Law and other national organizations support the introduction of the House version of Senator Bob Casey’s (D-PA) Visitable Inclusive Tax Credits for Accessible Living (VITAL) Act. Congressman Dwight Evans (D-PA-3rd) and Congressman Brian Fitzpatrick (R-PA-1st)’s legislation will effectively increase investment in the Low-Income Housing Tax Credit Program and ensure more affordable housing units accessible to seniors and people with disabilities will be built. Read the full article here.
Bazelon Center Opposes Medicaid Work Requirements & Takes Action to #SaveMedicaid
April 26, 2023 –
Over ten million people with disabilities are enrolled in Medicaid, making it the largest provider of health care to people with disabilities, including people with mental health disabilities, in the United States. Without Medicaid, many people with disabilities would lose the services and supports they need to live independently in their own homes and communities and enjoy the same opportunities in life that everyone else has. Despite its overwhelming popularity, Medicaid is under attack. The House of Representatives has passed a bill that would require people to work to keep their Medicaid coverage. Medicaid work requirements will mean millions of people will lose health care. Doing this will not increase employment, but will hurt people with disabilities.
Learn more from our explainer (PDF) here
Bazelon Center for Mental Health Law Appoints New Legal Director
March 28, 2023
The Judge David L. Bazelon Center for Mental Health Law, a national legal advocacy organization advancing the rights of people with mental disabilities, today announced the appointment of Megan Schuller as the organization’s new Legal Director. Ira Burnim, the Bazelon Center’s longtime Legal Director, will remain on staff as a Senior Counse. Schuller joins the Bazelon Center from the Civil Rights Division of the U.S. Department of Justice (DOJ), where she spent over a decade focused on disability rights, systemic reform of public service systems, and high-impact litigation. Throughout her successful career, the majority of Schuller’s cases involved discrimination against people with mental disabilities.
Access the full release here (PDF)
Bazelon Center Commends U.S. Department of Justice Findings of Discrimination Against Louisville and its Police Department
March 22, 2023 –
The Bazelon Center for Mental Health Law commends the Department of Justice for its investigation, following the killing of Breonna Taylor, of the Louisville/Jefferson County Metro Government (Louisville Metro) and Louisville Metro Police Department (LMPD), and its release on March 8th of a comprehensive report detailing its findings. The report describes significant problems with the LMPD’s practices, including the use of inappropriate and deadly force in its encounters with Louisville residents that violates the U.S. Constitution and racially discriminatory conduct that violates Title VI of the Civil Rights Act.
Read our full statement (PDF) here.
Bazelon Center and Coalition Partners Issue Joint Statement Opposing Mayor Eric Adams’ Plan to Increase Involuntary Commitment of New Yorkers with Mental Disabilities
December 12, 2022
The Bazelon Center and Coalition partners have issued
a joint statement
opposing New York City Mayor Eric Adams’ plan to increase involuntary hospitalization for New Yorkers living with disabilities.
Last month, Mayor Adams announced a new directive to New York’s police officers, EMTs, and street outreach workers to transport individuals to psychiatric hospitals involuntarily when it appears that they cannot “meet their basic needs.” The Mayor provided as examples individuals who are “mumbling,” “shadow boxing,” or merely standing on the street for too long. The joint statement raises a number of concerns with the Mayor’s plan, including the lack of evidence that involuntary court-ordered treatment is any more effective at helping people with mental disabilities live successfully in the community than engagement in the voluntary services, like help finding and maintaining a home, that people want and need. The statement also notes that people who are involuntarily committed are less likely to disclose suicidal feelings, and more likely to commit suicide.
The 292 organizations and individuals signing the joint statement call on the Mayor to develop a comprehensive plan to provide homeless New Yorkers with disabilities the housing and voluntary services they want and need.
Read the full release (PDF) here
Read our full statement (PDF) here
Bazelon Center Commends the U.S. Department of Education’s Findings of Disability Discrimination
December 8, 2022
– The Bazelon Center for Mental Health Law commends the U.S. Department of Education’s investigation and findings of disability discrimination by, and its Resolution Agreement with, the Davis (CA) Joint Unified School District.
It is a failure of policy and training for any school to resort to harmful practices of seclusion and restraint. Bazelon joins APRAIS in supporting the Keeping All Students Safe Act (KASSA), which would ban the use of seclusion and mechanical restraint in our schools, and severely limit the circumstances in which physical restraint can be used to control student behavior.
Read our statement (PDF) here.
Bazelon Center & Partners Files Lawsuit Against Yale University to End Discriminatory, Unlawful, and Harmful Treatment of Students with Mental Health Disabilities
November 30, 2022
he Bazelon Center for Mental Health Law, Disability Rights Connecticut, and Elis for Rachael filed a
lawsuit against Yale University
to end the alleged discriminatory, unlawful, and harmful treatment of students with mental health disabilities. Some of the many concerns include:
pushing students with mental health disabilities out of Yale;
cutting students off from campus, housing, health insurance, student groups, and any on-campus friends or supports;
requiring all students to maintain full-time enrollment and refusing or making it unreasonably difficult to get reasonable accommodations; and
placing unreasonable burdens on students who, after a withdrawal, seek reinstatement.
The impact of Yale’s discriminatory policies is harshest on students with mental health disabilities from less privileged backgrounds, including BIPOC students, students from low-income families or rural areas, and international students.
The goal of this lawsuit is for Yale to change its policies regarding withdrawal, reinstatement, and credit course load choice to be less forceful, burdensome, and inaccessible to students. Additionally, through this lawsuit, advocates seek to address the required forfeiture of health insurance, tuition, and room & board payments, so that students can recover these costs.
Read the full press release (PDF) here
Access the lawsuit (PDF) here
Mental Health America, Bazelon Center, and University of Pittsburgh receive $100,000 Engagement Award for joint project on the campus mental health crisis
November 16, 2022 –
The Bazelon Center for Mental Health Law, Mental Health America, and the University of Pittsburgh have been selected for the highly competitive PCORI Engagement Awards program. The $100,000 funding award was created through the Eugene Washington Patient-Centered Outcomes Research Institute (PCORI) initiative. This joint project focuses on creating research priorities for the college campus mental health crisis. Students are experiencing unprecedented mental health crises, jeopardizing educational outcomes, especially for underrepresented students. This collaboration brings attention to coercion and the role of police and crisis response teams in student reintegration, a topic that has been neglected within peripheral research. Through this research, the Bazelon Center and partners will create solutions that break barriers faced by BIPOC students with mental health disabilities. “It is long past time for Black, Indigenous, Latinx, and Asian students with mental health disabilities and lived experiences with the mental health systems to be centered in research,” said Jalyn Radziminski. “Through this work, we hope to uplift these voices to contribute to academia and, eventually, long-term solutions that address the barriers we face in education settings.”
Access the press release here.
The Bazelon Center Opposes the EAGLES Act
October
14
, 2022 –
The Bazelon Center and over 100 civil and human rights organizations
issued
a joint coalition letter
to Congress
opposing the EAGLES
Act
The
EAGLES
Act
advances
a false and harmful connection
between
mental health
disability and gun violence.
The bill authorizes the Department of Homeland Security, which administers our country’s border security and counterterrorism efforts, to bring this framework to our nation’s schools, including through support for “threat assessment” programs that stigmatize youth and inappropriately involve police in making decisions about students.
The safety and
achievement
of disabled and BIPOC
students
are put at greater risk by
an ongoing police presence
on campus; this leads to higher rates of suspensions and referrals to law enforcement
for disabled and BIPO
C students
than for other students.
Historically marginalized students, such as those living at the intersection of race and disability, will bear the brunt of these harmful practices.
Community-led initiatives,
developed and implemented by
teachers, students, parents, and administrators,
such as trauma-informed schools, restorative practices, and schoolwide positive behavior supports, are what schools need to support student behavior and build a safe and welcoming school climate – not school-based police and other punitive approaches.
Access the Opposition Letter here
The Bazelon Center Releases A Bipartisan Safer Communities Act Advocacy Toolkit
October 4th, 2022
This summer, Congress enacted the Bipartisan Safer Communities Act, which will send millions of federal dollars to states and localities to fund mental health services, including services to our children and youth in their schools and communities.  The federal government is sending this money to state governments now, and
now
is the time for advocates to tell government officials how it should be spent.
Today the Bazelon Center for Mental Health Law releases its Bipartisan Safer Communities Act Advocacy Toolkit.  The Toolkit explains the different federal programs that provide money to states and localities under the Act, and provides sample social media messaging and draft action alerts, for people with disabilities and their families, friends, and advocates to use in their communications with policymakers.  We want these federal dollars to go to programs that help adults and children with mental disabilities live independently and successfully in their own homes, schools, and communities!
Access our Toolkit (PDF) here.
The Bazelon Center files Amicus Brief for HHC v. Talevski case
September 30th, 2022
The Bazelon Center is ongoingly working with numerous disability and civil rights groups to support the estate of Gorgi Talevski, who alleges that the Health and Hospital Corporation of Marion County, Indiana (HHC) abused and neglected him while in a nursing home. The Bazelon Center and five other disability rights organizations filed an Amicus Brief on September 23rd to explain the importance of an individual’s ability to sue state and local governments when their civil rights are violated under public programs such as Medicaid. Private lawsuits are pertinent to hold government agencies accountable for civil rights violations. case. If providers of Medicaid services abuse or mistreat beneficiaries or take away or deny their benefits, private lawsuits are often the only way to hold government entities accountable and ensure people get the life-saving therapies and everyday living support services they need.  Full access to Medicaid services and the right to enforce these services are crucial to achieving community integration for people with disabilities. The brief urges the Supreme Court to reaffirm the private right of action to enforce public program guarantees and disability rights.
Access the press release (PDF) here.
Access the amicus brief (PDF) here.
CALL TO ACTION! Stop the dangerous SCOTUS case that will Undermine Medicaid & other Safety Net Programs
September 20, 2022
Join the Bazelon Center’s Efforts to stop the dangerous Supreme Court of the United States (SCOTUS) case, Health and Hospital Corporation of Marion County (HHC) V. Talevski, that could undermine Medicaid & other safety net programs. Civil Rights and Disability Rights organizations are sounding the alarm and urging immediate action to keep this case out of the Supreme Court.
Take action and share our alert here
Access our fact sheet (PDF) here.
The Bazelon Center Issues Statement on the U.S. Department of Education’s Guidance to Schools To Help Support Students with Disabilities and Avoid Discriminatory Discipline
July 20, 2022
– The Bazelon Center for Mental Health Law commends the Department of Education’s July 19th release of comprehensive guidance regarding the rights of students with disabilities, including those whose behaviors may violate school conduct rules and result in disciplinary action. The Bazelon Center has long advocated for the rights of students with disabilities to receive a free and appropriate public education, and to receive equal educational opportunities in the most integrated setting appropriate.
The Department’s long-awaited guidance provides clear information on how school discipline must be administered consistent with federal law, including the Individuals with Disabilities Education Act (IDEA), Section 504 of the Rehabilitation Act, and the Americans with Disabilities Act (ADA), and provides clear information and direction to schools and families. It is both comprehensive and precise.
Read our full statement (PDF) here.
Neutral Expert Submits Report Regarding Shortened School Days for Children with Disabilities in Oregon Public Schools
July 6, 2022 –
The neutral expert team jointly-appointed by parties involved in
J.N. v. Oregon Department of Education
has submitted its report on the use of shortened school days and recommended actions for the Oregon Department of Education to take to ensure that all children receive an appropriate education in full days of school. All parties are reviewing the report and are moving into the second phase of settlement discussions to attempt to reach a comprehensive settlement in light of these findings and recommendations.
Read the full release here.
Read the full report here.
Bazelon Center Condemns Today’s Supreme Court Decision in
Dobbs v. Jackson Women’s Health Organization
June 24, 2022 –
Today’s Supreme Court decision in
Dobbs v. Jackson Women’s Health Organization
exacerbates an inaccessible healthcare system and removes key federal protections for people with disabilities to make their own decisions about their health and their families. The Bazelon Center joins our disability rights partners in opposition to this unjust and harmful opinion. We call on Congress to act now to protect these important rights.
Read our Statement (PDF) here.
Read our joint statement with disability rights partners (PDF) here
Bazelon Statement on Bipartisan Safer Communities Act
June 24, 2022 –
The Bipartisan Safer Communities Act follows devastating mass shootings in Buffalo, NY; Uvalde, TX; Tulsa, OK; and more. We appreciate the urgent need to address gun violence in America. Among other things, the Act includes critical funding for mental health programs that people with mental health disabilities need and will benefit from. However, People with mental health disabilities are the wrong focus for gun safety measures, and we have grave concerns about the Act’s premise.
Despite the fact that less than
five percent of violence is committed by people with mental health disabilities, and that such individuals are far more likely to be victims of violent crime than perpetrators of it, the Act inappropriately links mental health, and the need for mental health services, to gun violence. The Act will contribute to the fear and stigma of these Americans and, we fear, makes their institutionalization and criminalization more likely.
Read the full statement here
Bazelon Center Releases Report: A New Day or More of the Same? Our Hopes and Fears for 988 (and 911)
June 14, 2022 –
This year will see the rollout of “988,” the new three-digit number for calls to the National Suicide Prevention Lifeline.  988 has been touted as the new “mental health 911.” The federal government and many states and localities are touting 988 as an alternative to and resource for the 911 system, to reduce the number of calls involving people with mental health issues to which the police are sent. We appreciate the support for 988 as part of a more effective response to people experiencing mental health crises. But 988 alone is not enough. More, and more effective, 988 call centers are only part of what is needed to help people with serious mental health issues, especially Black and Brown people who have experienced trauma from over-policing. We also need mobile crisis teams that can timely travel to help de-escalate a situation, and we need community crisis stabilization centers for those times when people need somewhere to go for help.   We also need robust longer-term services, including intensive case management, peer services, Assertive Community Treatment (ACT), supported employment, and supported housing, and for children and youth “wraparound” services.   These services help people with serious mental health issues live successfully in their own homes and communities—and avoid crisis situations. This paper proposes a vision for a truly community-based response to people with urgent behavioral health needs. 988 can be part of this response but is only a part of what we really need.
Read the full report here.
Bazelon Center and National Organizations Express Opposition to Proposed CARE Court Program in California
June 14, 2022 –
The Bazelon Center for Mental Health Law and other national organizations voice strong opposition to the proposed CARE Court program, which promotes an unethical framework of involuntary, coerced treatment, perpetuates systemic racism, and worsens mental health disparities. Such an expanded judicial infrastructure would violate the human rights of those who live with disabilities, neglect the constitutional right to due process, and divert attention from access to mental health care. Policymakers in California must make it their prerogative to invest in community-based practices that empower those with disabilities in their recoveries and allow them to exert self-direction without the intrusion of a court.
Read the full letter here.
Lewis Bossing, Senior Staff Attorney at the Bazelon Center, Comments on the Failings of D.C.’s Youth Behavioral Health System
June 8, 2022 –
Disability Rights DC reveals how city youth with severe mental health challenges are cycled through psychiatric hospitals and other treatment facilities, for months or years at a time, which separates them from their families and disrupts their education. The report calls attention to a pattern of institutionalization, in which children are discharged without adequate access to outside support such as counseling, leading them to return to said facilities. Lewis Bossing, Senior Staff Attorney at the Bazelon Center, stresses the importance of mobile crisis response tools, which have proven effective in communities that have adopted them.
Read the full article here.
Read the full report here.
Ira Burnim, Legal Director at the Bazelon Center, Condemns Today’s Supreme Court Decision in
Cummings v. Premier Rehab Keller
April 28, 2022 –
“We are saddened by the Court’s decision to weaken the protections for people with disabilities in the Rehabilitation Act and the Affordable Care Act. Americans with disabilities rely on the protections of these federal statutes to live, work, learn, and access healthcare free from discrimination. Nearly 50 years since the passage of the Rehabilitation Act, too many people with disabilities continue to face isolation and humiliation as a result of discrimination. We hope that Congress or a future Supreme Court will revisit this issue and reverse this decision, which misunderstands the intent behind these vitally important civil rights statutes. In the meantime, we will work to ensure that our federal judiciary better reflects the people of this nation to whom our courts should be accountable, including the millions of people with disabilities, and that our judges better understand and fairly adjudicate our critical civil and disability rights laws.
Read the full statement here.
The Bazelon Center commends the Department of Education Office for Civil Rights for its investigation and resolution of violations of federal law against the Los Angeles Unified School District (LAUSD)
April 28, 2022 –
Students with disabilities are entitled to a free and appropriate public education that meets their needs—especially during the COVID pandemic.  The Bazelon Center commends the Department of Education Office for Civil Rights for its investigation and resolution of violations of federal law against the Los Angeles Unified School District (LAUSD).  LAUSD failed to provide its students with disabilities with an appropriate education in the least restrictive environment during the pandemic.  Under a resolution agreement, LAUSD will provide students with disabilities with compensatory education that will help them catch up to where they should have been.  Thousands of children with disabilities in the nation’s second largest school district will have a chance to get the education and services they need to be successful in school and as they transition to adulthood.  As we approach what we hope is the end of the pandemic, we call on all school districts to ensure that children with disabilities get the supports they need to make up for any learning loss due to COVID-related disruptions in their education.   Read the Office for Civil Rights letter to LAUSD
here
, and the resolution agreement
here
The Bazelon Center Celebrates the Historic Supreme Court Appointment of Judge Ketanji Brown Jackson
April 7, 2022 –
The Bazelon Center for Mental Health Law congratulates Judge Ketanji Brown Jackson on her historic, bipartisan appointment to the United States Supreme Court. In addition to being the first Black woman to join our nation’s highest court, her experience as a public defender and her strong judicial record, demonstrating her thorough approach to decisionmaking and deep understanding of disability rights and other civil rights matters, are all cause for celebrating our new Justice Jackson, a voice on the Court that is long overdue. She is the representation that so many of us have been looking for, and deserve, and we joyfully celebrate this historic moment as she paves the way for future generations to bring equity and true justice for all.
Read our alert here.
The Bazelon Center along with Over 60 Organizations and Individuals Send a Letter to Senators to Confirm Judge Ketanji Brown Jackson to the U.S. Supreme Court
April 6, 2022 –
Judge Jackson has demonstrated an understanding of disability rights and other civil rights laws and their importance to people with disabilities—and a steadfast commitment to fair, thorough adjudication of their legal claims. Judge Jackson will be a Supreme Court Justice who understands the importance of disability and other civil rights laws and who is committed to a fair day in court for people bringing claims under these laws. Based on her judicial record and other professional experience, we strongly urge the Senate Judiciary Committee to confirm Judge Jackson to the Supreme Court as we believe she will be a much needed voice for those with disabilities.
Read our full letter (PDF) here.
The Bazelon Center and 68 Civil Rights Organizations Send Letter to Senators and Assembly Members Urging Them to Protect the Rights of New Yorkers With Mental Disabilities by Rejecting Forced Psychiatric Commitment Laws.
March 29, 2022 –
The Bazelon Center and 68 other civil rights organizations, urge Senators and assembly members to protect the rights of New Yorkers with mental disabilities and to reject Governor Hochul’s recent proposal to expand forced psychiatric commitment laws. Studies show that there is no indication of forced outpatient treatment being successful. Forced treatment has only been shown to result in the undermining of therapeutic relationships and in long-lasting trauma, specifically of Black and Brown individuals. We must not criminalize mental illness or scapegoat individuals who have mental illness. It is simply untrue that individuals with mental illness are more violent than those who do not have mental illness, and we should not be developing legislation to combat the horrific violent acts of but a few individuals. Instead, we are urging New York to invest in multiple models of less invasive, voluntary care to avoid the trauma, as well as the enormous cost, of forced treatment. We must not expand a program that forces New Yorkers into the same services that have already failed them in the past.
Read our full letter (PDF) here.
The Bazelon Center Joins Children’s Advocacy Organizations in Decrying Attacks on Children Seeking Safety in the United States
March 22, 2022 –
On March 22, in response to the recent outbreak of state laws and policies that attempt to strip protections from immigrant children, the Bazelon Center and 40 other Children’s Advocacy Organizations unite to demand an end to attacks on immigrant children and the dangerous misinformation campaigns about these children and their families in the United States and at the border. The organizations are working to create policies that ensure that unaccompanied children are treated fairly and that their basic needs of safety and family unity are met.. Our laws and policies must and should ensure that unaccompanied children have what all children need: safety, family unity, and the opportunity to reach their full potential.
Read the full letter (PDF) here
Bazelon Center along with 45 Organizations and Individuals Send a Letter to the Senate Judiciary Committee to Confirm Judge Ketanji Brown Jackson to the U.S. Supreme Court
March 18, 2022 –
After releasing our preliminary review of Judge Ketanji Brown Jackson’s previous court decisions, 45 organizations have signed on to our statement. These organizations support our research and want to voice their support for her confirmation. We all agree that Judge Jackson has a track record demonstrating her understanding of the importance of disability and other civil rights laws. She has continually proven that she is fair in her application of the law and is committed to upholding justice for everyone. We are urging for the swift confirmation of Judge Jackson as we believe she will be a much needed voice on the Supreme Court and will continue advocating for those with disabilities.
Read our alert and letter (PDF) here.
Bazelon Center’s Preliminary Review of Judge Jackson’s Decisions Finds She Understands the Importance of Disability Rights and Civil Rights Laws
March 11, 2022 –
After the Bazelon Center’s preliminary review, we believe that Judge Jackson will be a Supreme Court Justice who understands the importance of disability and other civil rights laws, and who is committed to a fair day in court for people bringing claims under these laws. Judge Jackon’s track record shows that she understands how civil rights laws are intended to have a broad effect on the relationships between persons with disabilities and other historically marginalized populations with covered entities like employers, schools, state agencies, and public accommodations.  She has proven to be thorough and careful in her approach to applying the law and demonstrates a deep commitment to the justice of marginalized communities. Based on everything we know so far, we enthusiastically support Judge Ketanji Brown Jackson’s nomination for the Supreme Court.
Read our full research memo (PDF) here.
The Bazelon Center Sends Letter to Assistant Attorney General Urging the DOJ to Finalize Digital Accessibility Regulations.
March 7, 2022 –
The Bazelon Center for Mental Health Law and over 100 other disability organizations urge the Department of Justice to finalize a rule for digital accessibility regulations. The absence of digital accessibility regulations during the current time period has resulted in the persistent exclusion of people with disabilities from digital spaces covered by the ADA. This persisting issue has created barriers for the disability community when it comes to realms such as healthcare accessibility, applying to jobs, attending school, applying for public benefits, and more. The current COVID 19 pandemic has exacerbated this exclusion making it harder than ever for those with disabilities to have full accessibility to the ever changing landscape of websites and applications. The large and diverse disability community needs action to be taken in order for them to have equal access and opportunities when it comes to the digital world. We are urging Assistant Attorney General Clarke to take action and finalize a rule by the end of the current administration.
Read the full letter (PDF) here.
The Bazelon Center Applauds President Biden’s Bipartisan Mental Health Strategy as a Comprehensive Blueprint for Community Based Mental Health
March 2, 2022 –
The Bazelon Center for Mental Health Law enthusiastically commends President Joe Biden for including a bipartisan mental health strategy in his first State of the Union address. In his address, Biden stated,
“Let’s take on mental health. Especially among our children, whose lives and education have been turned upside down.” We could not agree more.
It is clear that the nation’s mental health care systems must be bolstered to address the systematic inequities in access to mental health resources, especially for Black and Brown people that have been exacerbated by the COVID-19 pandemic. President Biden’s plan is a comprehensive blueprint for community-based mental health services. It includes initiatives such as investing in peer support and mobile crisis services, integrating mental health and substance use providers into community-based settings, expanding access to mental health support in schools, colleges, and universities, supporting our mental health workforce, and increasing mental health resources for justice-involved populations.
Read our full statement (PDF) here.
The Bazelon Center Celebrates the Historic Supreme Court Nomination of Judge Ketanji Brown Jackson
February 25, 2022 –
The Bazelon Center for Mental Health Law congratulates the White House and Judge Ketanji Brown Jackson on her nomination to the United States Supreme Court. The nomination of a Black woman to our nation’s highest court is long overdue. Judge Brown Jackson’s professional experience, including as a public defender in the District of Columbia, demonstrates a commitment to ensuring a fair day in court for all – including the District’s Black and Brown people with disabilities, on whose behalf we have advocated for years. We are also heartened by the fact that among Judge Brown Jackson’s judicial opinions are several cases demonstrating an understanding of disability rights, and the important protections they afford to people with disabilities.The Bazelon Center celebrates her historic nomination.
Read our full statement (PDF) here.
The Bazelon Center & Partners Send Letter to the President Urging for a Disability Civil Rights Leader on the Supreme Court.
February 22, 2022 –
As the time approaches for President Biden to announce his nominee for the United States Supreme Court, the Bazelon Center and its partners are urging for the selection of a nominee who will uphold the rights of people with disabilities. For the last 28 years, Justice Stephen Breyer has been a voice on the Supreme Court for people with disabilities, ensuring that their rights are protected. Over 20 individuals and organizations signed on to the letter asking President Biden to fulfill his promise in selecting a Black woman as a Supreme Court justice nominee. There are many Black women judges and lawyers who are highly qualified for the Court, and who have demonstrated an understanding of and commitment to a fair day in court for people with disabilities and other historically marginalized populations. We are asking Biden to select a nominee who, like Justice Breyer, will interpret disability rights laws broadly, as Congress intended, and who understands the impact of Supreme Court decisions on people with disabilities.
Read the full letter (PDF) here
The Bazelon Center and Eighteen Other Advocacy Organizations Deliver Letter Urging Congress to Pass Vital Legislation to Ensure Student Safety
February 22, 2022 –
The Bazelon Center has signed on with APRAIS, The Alliance to Prevent Restraint, Aversive Interventions, and Seclusion, to deliver a letter before the Education & Labor Committee U.S. House of Representatives. The APRAIS coalition advocates for ending restraint and seclusion in U.S. schools to ensure all students can attend school without fearing for their safety. These practices of restraint and seclusion are used disproportionately against students with disabilities, BIPOC students, and students at the intersection of race and disability. The coalition has had a primary focus on the enactment of the Keeping All Student Safe Act (H.R. 3474/S. 1858). This comprehensive legislation, which would allow schools, districts, and states to have a set of federal standards for restraint and seclusion, has yet to be passed by Congress. Along with the KASSA, APRAIS is also advocating for the passing of the Protecting Our Students in Schools Act (H.R. 3836/S. 2029) to eliminate corporal punishment and the Counseling Not Criminalization Act (H.R. 4011/S. 2125) to stop funding law enforcement in schools. If passed by Congress, these bills would support healthier and more supportive school environments as well as protect students and support schools.
Read the full letter (PDF) here.
Tell the President We Need a Disability Civil Rights Leader on the Supreme Court!
February 14, 2022 –
As the time approaches for President Biden to announce his nominee for the United States Supreme Court, the Bazelon Center is urging for the selection of a nominee who will uphold the rights of people with disabilities. For the last 28 years, Justice Stephen Breyer has been a voice on the Supreme Court for people with disabilities, ensuring that their rights are protected. We are asking President Biden to select a nominee who will continue on the path that Breyer has laid out for those with disabilities. We are pushing for a justice who will respect the role of Congress in protecting disability rights, understand the impact of Supreme Court decisions in protecting disability rights, respect precedent, and understand intersectionality.
Read our alert here
The Bazelon Center and 9 Other Disability and Immigration Groups Filed an Amicus Brief to Aid People With Disabilities When Attempting to Obtain Asylum
February 8, 2022 –
The Bazelon Center and 9 other disability and immigration rights groups filed a brief, in response to an invitation by the Attorney General, urging that mental health evidence be considered when determining whether an individual seeking asylum is disqualified because of a conviction  for a “particularly serious crime.”
Mental health evidence often demonstrates that the offense at issue is not “particularly serious.” Not allowing such evidence
discriminates against people with disabilities, depriving them of an equal opportunity to obtain asylum, in violation of Section 504 of the Rehabilitation Act.
Read the full brief (PDF) here.
Bazelon Submits Comments to the Department of Health and Human Services on Patient Protection and the Affordable Care Act
January 27, 2022 –
The Bazelon Center joined fellow members of the Consortium for Citizens with Disabilities (CCD) to send a letter in response to the Department of Health and Human Services’ (HHS) comment opportunity for their proposed rule: Notice of Benefit and Payment Parameters for 2023. The letter provides substantial comments on different aspects of the proposed rules governing marketplace plans and explains how HHS’ interpretation of the Affordable Care Act’s commitment to nondiscrimination and essential health benefits will impact the diverse population of people with disabilities and chronic health needs.
The letter makes recommendations in a number of areas including support for: insurers’ obligation to comply with nondiscrimination requirements, ending the substitution of essential health benefits, collecting demographic data, and allowing individuals to enroll in coverage even if they have past-due premiums.
Read the full letter and signatories (PDF) here
The Bazelon Center also wrote separately with Disability Rights Education & Defense Fund (DREDF) to provide HHS with specific examples of discriminatory plan designs-including plans that opt to only cover certain services (or cover more services) for people with disabilities in segregated settings; to advocate for a framework to support a charge of benefit design discrimination that makes room for newer, but medically necessary and evidence-based services for people with disabilities- like peer support or long COVID treatments; and to discuss how the substitution of essential health benefits specifically harms access to behavioral health services.
Read the full letter (PDF) here
The Bazelon Center Congratulates Justice Stephen G. Breyer on His Retirement and Celebrates His Legacy of Supporting Disability Rights
January 27, 2022 –
The Bazelon Center for Mental Health Law congratulates Justice Stephen G. Breyer on his retirement from the United States Supreme Court after almost 28 years of distinguished service.
Justice Breyer has been a strong voice for disability rights and other civil rights during his time on the Court. His track record includes upholding and clarifying the ADA, the Affordable Care Act, Olmstead, standards to educate students with disabilities, and more.
With Justice Breyer’s retirement, President Biden now has the opportunity to select and have a new Supreme Court Justice confirmed by the Senate. President Biden has stated that he will appoint a Black woman to the Supreme Court. This is something that the Bazelon Center applauds. We urge President Biden to appoint a nominee who, like Justice Breyer, would interpret disability rights statutes broadly, as Congress intended, and who is aware of the impact of Supreme Court judgments on disabled persons.
Read our full statement (PDF)  here
Longtime mainstay of Bazelon Center, Jennifer Mathis, Joins Biden Administration as Deputy Assistant Attorney General in Civil Rights Division
December 6, 2021 –
Jennifer Mathis, Director of Policy & Legal Advocacy at the Bazelon Center for Mental Health Law & Deputy Legal Director, joined the Biden Administration as a Deputy Assistant Attorney General at the U.S. Department of Justice’s Civil Rights Division, where she will help lead its disability rights work.
Mathis supervised the Center’s policy advocacy and litigated complex lawsuits establishing the rights of individuals with mental disabilities. Her work promoted community integration and affording people with psychiatric disabilities the opportunity to lead the same kinds of lives as people without disabilities. Mathis helped coordinate the disability community’s efforts in the Supreme Court in the Olmstead case and has successfully litigated integration cases in states across the country.
Read the Press Release (PDF) here.
Bazelon and partners submit recommendations for responding to California’s Felony Incompetent to Stand Trial Crisis and for the Decarceration of People with Mental Illness
November 17, 2021 –
California has failed to divert from jail people with psychiatric disabilities and fails to provide constitutionally sufficient mental health care to the tens of thousands of people languishing in California’s prisons.  The incarceration of people with psychiatric disabilities does a disservice to both the individuals and the public. The Bazelon Center and 16 other civil, human, and disability rights organizations have provided recommendations and guidance to California’s Governor and others on the decarceration of people with mental illness, including those deemed incompetent to stand trial.
Read the recommendations (PDF) here.
CVS Health Partners with Disability Community in Commitment to Affordable and Equitable Access to Health Care
CVS Health, the American Association of People with Disabilities, the Bazelon Center for Mental Health Law, the Disability Rights Education and Defense Fund, and the National Council on Independent Living today announced that they are working together to seek policy solutions to protect equitable access to health care for all Americans and continue to protect the fundamental rights of people with disabilities.
Read our full joint statement  (PDF) here
Access the Writ of Certiorari Dismissed document (PDF) here.
The Bazelon Center Commends Progress as U.S. Dept. of Education’s Office of Civil Rights Reaches Agreement to Resolve Restraint and Seclusion Compliance Review of Saco, Maine Public Schools
November 9, 2021 –
Today, the Bazelon Center for Mental Health Law is pleased to share the U.S. Department of Education’s Office for Civil Rights (OCR) voluntary resolution agreement with Saco Public Schools in Maine, which was made public on November 5, 2021. The OCR’s resolution agreement with Saco addresses many of the concerns raised by the Bazelon Center’s advocacy for students with disabilities, especially those of color. With the National Center for Youth Law, Disability Rights Oregon, the Council of Parent Attorneys and Advocates (COPAA), and private attorneys, the Bazelon Center is class counsel in
J.N. et al. v. Oregon Department of Education, et al.
, which alleges that placing students on shortened school days violates their rights under the IDEA, Section 504, and the Americans with Disabilities Act (ADA).  “We appreciate Saco’s commitment to ending practices that harm students, and to supporting teachers, administrators, and other staff to better support students with disabilities,” said Lewis Bossing, Senior Staff Attorney at the Bazelon Center. “Schools that implement alternatives to these harmful practices, such as school wide positive behavioral supports, restorative practices, and trauma-informed instruction see improved academic outcomes, a reduced need for discipline, and a safer school climate more conducive to learning.”
Read the full press release (PDF) here
Read the resolution agreement (PDF) here
Read the U.S. Department of Education’s OCR statement here
The Bazelon Center, Disability Rights, and Civil Rights Groups file Amicus Briefs and Urge the Supreme Court to Reject CVS’ attempt to Dismantle Civil Rights Protections for People with Disabilities
October 29, 2021 –
The Bazelon Center, disability rights groups, and civil rights groups file amicus briefs to the urge Supreme Court to uphold protections against disability discrimination
by rejecting CVS’ attempt to dismantle non-discrimination protections under Section 504 of the Rehabilitation Act.
The case,
CVS v. Doe
, involves a CVS-managed prescription drug plan that requires people who need “specialty medications” to receive them by mail, instead of at their local pharmacy. Five individuals living with HIV sued over the requirement, arguing that it effectively prevents them from receiving needed care for their condition and represents discrimination based on their disability.
CVS is arguing in the case that Section 504 of the Rehabilitation Act does not protect against claims of “disparate impact,” or when neutral policies or practices have disproportionate impacts on a protected class, in this case people with disabilities. CVS’ position is not only legally wrong, but threatens the rights of people with disabilities everywhere.
Read our Amicus Brief (PDF) here
Read our press release (PDF) here.
Bazelon Center and Fellow Advocates Reach Interim Settlement Agreement with Oregon Department of Education for Students with Disabilities
The Bazelon Center for Mental Health Law and fellow advocates for children with disabilities have reached an interim settlement agreement as part of a class action lawsuit with the Oregon Department of Education (ODE).  The agreement outlines the parties’ commitment to ensuring that Oregon students with disabilities who have been placed on shortened school days because of their behavior receive a free appropriate public education in the least restrictive environment. It also requires the parties to select an expert to examine the use of shortened school days across the state, and to provide recommendations on what actions, if any, ODE should take to ensure that children with disabilities receive an appropriate education for a full school day whenever possible. The Bazelon Center filed the lawsuit in 2019 along with the National Center for Youth Law, the Council of Parent Attorneys and Advocates (COPAA), Disability Rights Oregon, and pro bono attorneys.  The plaintiffs, including COPAA and four individual students, are “heartened by this interim agreement” which they hope will lead to systemic changes ensuring that students with behavior-related disabilities are included in school for a full day with their classmates.
Read the press release (PDF) here.
Read the Interim Settlement Agreement (PDF) here
Judge Rules Kanawha County Special Education Lawsuit can Proceed as Class Action
On August 27, 2021
, the lawsuit filed by the Bazelon Center for Mental Health Law, Mountain State Justice, Disability Rights of West Virginia, The Arc of the United States, and the law firm  Latham  Watkins LLP for two Kanawha County students with disabilities was certified as a class-action lawsuit.
See the case (PDF) here.
See the press release (PDF) here.
Judge Berger’s decision that the case should focus on all children removed from their classrooms for behavior related to their disabilities will expand its impact to hundreds of Kanawha County’s students. Lewis Bossing, Senior Staff Attorney of the Bazelon Center for Mental Health Law, says “Judge Berger’s opinion makes clear that KCS’s failures to support its students with disabilities are systemic, and that systemic changes are needed. We hope that KCS will work with us to address the problems that Judge Berger has identified.
The judge suggested parties try to negotiate a resolution. If parties are unable to resolve their differences, the trial will be scheduled August 2022.
Letter to HUD to Withdraw 2020 Rule
On August 24th, 2021,
The Bazelon Center joined the Consortium  for Citizens with Disabilities (CCD) Rights and Housing Task Forces to support HUD’s proposal to withdraw the 2020 rule’s applications to disparate impact discrimination and reinstate it’s 2013 rule. The 2020 rule created overwhelming obstacles and shifted the burden onto communities the Fair Housing Act was to protect. For example, those who face discrimination are burdened with proving that a less discriminatory policy would be equally effective or not as costly, which is information that only the entity, not those who are being discriminated against, have access to.
HUD itself has noted that this new rule did not clarify any part of the previously established discriminatory effects framework from 2013 but instead “introduced new concepts that had never been part of disparate-impact caselaw without fully explaining their meaning.” Those with disabilities are already facing a national shortage of accessible and affordable housing, and withdrawing the 2020 rule to return to the 2013 rule would help fight this disparity.
The 2013 Rule would return to the decades of legal precedent from both courts and HUD itself of interpreting the FHA and would prohibit not just intentional discrimination but policies that result in discrimination as well. Thankfully, due to litigation, the 2020 Rule has not taken effect, but it is important that HUD takes this step to affirm the 2013 Rule is still in effect. Read our full letter (PDF)
here
Bazelon Joins 196 Organizations to Call for Congress to Pass John Lewis Voting Rights Advancement Act
On August 23rd, 2021
, The Bazelon Center joined other members of a coalition with more than 220 national organizations, The Leadership Conference on Civil and Human Rights, to call upon Congress to pass the John Lewis Voting Rights Advancement Act (H.R. 4). The Leadership Conference urged that we must act now, or we risk losing all progress that we have made since Congressmen Lewis and 600 others began marching in the name of equal voting rights. The Conference also argued that recent court cases like
Shelby County v. Holder
and
Brnovich v. Democratic National Committee
set a dangerous standard for voting rights moving forward.
Shelby v Holder
eliminated important provisions in Section 5 of the Voting Rights Act of 1965 that ensured changes to voting rules were public and transparent, which made voting much more simple for those with disabilities to use. This ruling has allowed other factors, such as felon disenfranchisement, voter ID laws, and restrictions to early voting, that discriminates against people with disabilities and BIPOC communities.
Brnovich v Democratic National Committee
disregarded the purpose of Section 2 of the Voting Rights Act (VRA), which was meant to protect communities against racial discrimination in voting and representation.
The Voting Rights Act has been reauthorized before in a bipartisan manner, and the Conference believes that protecting those from discrimination should be bipartisan work. H.R. 4 would restore the VRA by updating criteria for “triggers” for identifying states and localities that must obtain federal review before implementing changes in voting, provide public and easy notice to all voters, including those who are disabled or blind, of voting changes, and give the DOJ the authority to challenge changes that would lead to discrimination. The need to update voting rights has never been stronger as elements of voter suppression are on the rise. Congress must act now so that the words spoken by President Lyndon Johnson when he signed the original VRA, “today we strike away the last major shackle of … fierce and ancient bonds,” can hold full meaning. Read the full letter (PDF
here
Bazelon Submits Comments to DOJ for Acting on Interim Rule
On August 16th, 2021
, The Bazelon Center, along with the Co-chairs for the CCD Rights Task Force, released a response in support of the Department of Justice’s (DOJ) decision to revoke two Interim Final Rules, Prohibition on the Issuance of Improper Guidance Documents Within the Justice Department and the Processes and Procedures for Issuance and Use of Guidance Documents rules. On November 6th, 2020, The Bazelon Center and 17 other advocacy organizations called on the DOJ to reconsider and withdraw the Interim Final Rule and Request for Comments. This Rule created a public comment process for any guidance that went through the DOJ. Further, the Rule limited the DOJ’s ability to issue necessary guidance on a timely basis to stakeholders about compliance with laws such as the Americans with Disabilities Act, Section 504 of the Rehabilitation Act, and more. By allowing this process, the agency’s Guidance Portal would significantly drain agency resources and create an ongoing state of uncertainty about the future of any guidance that came through. Although the Rule recognizes the importance of equal opportunity to comment by people with disabilities, there is little done to ensure this opportunity. In addition to the Interim Final Rule creating instability, uncertainty, not offering equal opportunity, stretching agency resources, limiting efficiency and the issuance of guidance, it is also in clear violation of Executive Order 13891, the Administrative Procedures Act (APA). Guidances that come from agencies do not have the force of law, unlike regulations directly related to rulemaking. The APA clearly states that notice and comment are required “only for formal rules.” The DOJ’s decision to revoke such rules validates and further confirms the “many…concerns we raised” in our November comments. Read our full letter (PDF)
here
Letter to HHS Secretary Xavier Becerra
August 3,
2021
, The Bazelon Center joined 16 other organizations in a letter to Secretary Xavier Becerra urging the HHS to rescind a Trump-era rule, which expanded short-term limited duration health plans that dodge the ACA. The authors of this letter allege that the Trump Administration’s rule is unlawful in several respects. More specifically, the rule redefines “short-term” away from the plain English meaning to a 364 day period. It was also explicitly created to undermine the ACA with another alternative. By providing low, medically underwritten premiums to healthy costumers, this rule makes ACA plans increasingly expensive. Thus, we urge the HHS to rescind the 2018 rule and return to the 2016 Obama-era STLDI as it better aligns with the ACA’s language and spirit. See our letter (PDF)
here
Call to Action to Protect the Right to Family Life & Prevent Institutionalization
for all Children
On July 21, 2021,
The Bazelon Center for Mental Health Law and over 100 organizations across the globe
joined
all to
ction
calling on the United Nations to recognize the right of all children to live and grow up with a family rather than in an institution or other facility.  The Call to Action highlights that all children can live safely and thrive in families.  It calls on the U.N. and other stakeholders to support family-based care instead of  large or small institutions;
to promote and enhance support services for children with disabilities and their families to facilitate the inclusion of children with disabilities in community life
; to enhance implementation of other rights that prevent institutionalization such as affordable healthcare and inclusive education; and to d
evelop and ensure access to support services in the community, including personal assistance, as well as peer support, for young persons with disabilities in their transition to adulthood
. We hope these recommendations will be considered at the U.N.’s
Day of General Discussion on Children’s Rights and Alternative Care
in September 2021
. Read our letter (PDF)
here
The Bazelon Center Responds to National Institute for Standards and Technology Request for Information Concerning Voter
On July 16, 2021
, the Bazelon Center submitted comments to NIST regarding voting access for people with disabilities. A large number of individuals with disabilities who are competent to form political opinions, have candidate preferences, and vote are being denied their fundamental right to participate in the political process, solely because they are under guardianship, a status often imposed for family or financial convenience. A majority of states either deny the right to vote to individuals under guardianship or impose voter capacity requirements that unfairly target such individuals or subject them to a higher standard than others.
Disability service providers have sometimes made their own capacity judgments and refused to permit individuals with disabilities to vote. A number of studies found that long-term care facility staff routinely screened residents for voting capacity before permitting them to vote or helping them vote—including in states with no voter capacity requirement.
The National Voter Registration Act (NVRA) permits states to impose voter capacity requirements if they choose to do so. Any such requirements, however, must comply with the ADA. The ADA prohibits public entities from excluding qualified people from voting based on their disability, and from imposing greater burdens on voters with disabilities than on other voters. Any voter competence standard that a state chooses to use must be imposed on all voters, not just voters with disabilities or subgroups of voters with disabilities such as people under guardianship.
See our recommendations to address obstacles like these
here
(PDF).
The Bazelon Center Joins 62 other Organizations in Urging HHS to Issue Guidance Encouraging Youth Mobile Crisis Teams That Do Not Involve Law Enforcement
On July 16, 2021
, the Bazelon Center joined
The Center for Law and Social Policy
and other organizations in urging the U.S. Department of Health and Human Services (HHS) to “issue guidance and provide technical assistance for implementation to states that promote and stress the importance of youth mobile response models that do not involve law enforcement.”
In light of the significant adverse effects that the COVID-19 pandemic had on young people with mental health disabilities, and particularly those who are people of color, it is more important than ever that youth and young adults have access to quality mental health services. The unnecessary involvement of law enforcement in mental-health related crises is often more dangerous than not, and mobile response services without police involvement have been proven to reduce further trauma and harm.
The letter calls on HHS to issue guidance urging states to ensure that mobile response teams receive training focused on disability awareness and de-escalation, that they have their own telephone line, that they are accessible without contacting law enforcement, and that a broader array of community-based services are available so that youth and young adults can receive aid beyond the initial crisis response and to prevent crises from occurring. Read the full letter
here.
Bazelon Center and Partners Send Recommendations to Office of Management and Budget on Strategies to Increase Equity and Address Discrimination in Procurement and Contracting for the Disability Community
In May 2021
, the Office of the Management and Budget put out a
“Request for Information”
to consult with members of communities that have been historically underrepresented or subject to discrimination in the Federal Government as well as in its policies and programs to identify effective methods to assess whether agencies policies and actions equitably serve all eligible individuals in communities. Disability is a key dimension of equity and significantly underrepresented in the labor workforce.
The Bazelon Center collaborated with a coalition of disability and labor advocates to respond to the Office of Management and Budget and provide recommendations
(link recommendations PDF here)
about strategies to increase equity and address discrimination in federal procurement and contracting. The comments were filed on
July 6, 2021
We made recommendations in a number of areas related to federal contracting, including recommendations to strengthen requirements under Section 503 concerning federal contractors’ obligations to take affirmative action to employ people with disabilities across all parts of their workforce. We also recommended modifications to the AbilityOne program to promote competitive integrated employment rather than segregation.
Disability rights advocates and organized labor have historically made a common cause to promote the integration of people with disabilities into the workforce. Bazelon Center and partners continued this tradition in our submission.
See our letter (PDF) here
Thank you to all partners:
The Arc of the United States,
American Association of People with Disabilities,
Association of People Supporting Employment First (APSE),
Association on Higher Education and Disability,
Autistic Self Advocacy Network,
Bazelon Center for Mental Health Law,
Center for Public Representation,
Disability Rights Education and Defense Fund,
Disability Policy Consortium,
Easter Seals,
National Down Syndrome Society,
TASH,
United Cerebral Palsy,
Viscardi Center,
Communications Workers of America,
International Brotherhood of Teamsters,
Service Employees International Union,
SEIU Local 49,
SEIU 32BJ,
Strategic Organizing Center,
Transport Workers Union of America,
National Employment Law Project
Bazelon Center Writes Letter Urging Health & Human Services OCR to Provide Clarity While Implementing Section 1557 of the ACA to Prevent Segregation of People with Disabilities
On June 7, 2021
The Bazelon Center for Mental Health Law writes to the U.S. Department of Health and Human Services Office of Civil rights to urge new regulations implementing Section 1557 of the Affordable Care Act to have greater clarity on how the benefit design of health care coverage may discriminate based on disability. It is important that regulations implementing Section 1557 prohibit covered entities from taking actions that result in the segregation of people with disabilities.
Read our letter (PDF)
Bazelon Center Opposes Modifications that Would Weaken HIPAA  Privacy Protections
On May 6, 2021, we submitted comments to the HHS Office for Civil Rights in response to proposed modifications that would dramatically weaken privacy protections under the HIPAA Privacy Rule.  We opposed a number of the proposed modifications because they would cause significant harm to individuals with disabilities and interfere with their ability to receive needed services.  In addition, the proposed modifications were not based on actual evidence or data but rather on generalized comments and speculation. As such, these modifications are beyond OCR’s authority to promulgate.  The proposed modifications include removing the requirement that covered entities use “professional judgment” in determining whether five exceptions to the Privacy Rule apply, modifying the exception allowing disclosures necessary to avert a “serious and imminent threat” to require only “serious and reasonably foreseeable harm” and creating a presumption that any asserted harm is reasonably foreseeable, and eliminating the requirement that disclosure for coordination of care be the minimum information necessary.
Read more (PDF) here
Bazelon Center Submits Comments on Discussion Draft for HCBS Legislation
The Bazelon Center submitted comments on a discussion draft of legislation called the Home Community Based Services (HCBS) Access Act released by members of Congress who solicited feedback from stakeholders. The draft legislation aims to create a set of home and community-based services for people with disabilities that must be covered by states participating in the Medicaid program.  Our comments focus in part on ensuring that these services are inclusive of people with psychiatric disabilities
See the letter (PDF) here
States Must Take Advantage of New Funding for Community-Based Mental Health Services
The Bazelon Center, NAMI, Mental Health America, and NASMHPD urge all states to take advantage of new funding for community-based mental health services available through the American Rescue Plan. The American Rescue Plan is the most recent COVID-19 relief law enacted by Congress. It provides a significant increase in federal Medicaid funding for states that provide any of a specified set of home and community-based services, including mental health services, through the Medicaid program. Learn more
here
LAWSUIT CHALLENGES NEW YORK CITY’S SEGREGATION OF STATEN ISLAND STUDENTS WITH DISABILITIES
Attorneys filed a major class-action lawsuit challenging New York City’s segregated school system for students with disabilities on Staten Island. The lawsuit alleges that the borough’s separate school district for children with disabilities, known as District 75, denies these students an equal education, forcing them into segregated schools and classrooms without adequate resources and with no meaningful opportunity to be integrated into their community schools. Disability Rights New York, The Bazelon Center for Mental Health Law, and Disability Rights Advocates work together to support the plaintiffs, three Staten Island students with disabilities. They are not seeking monetary damages; rather, they seek reforms that will compel the New York City Department of Education to provide the resources necessary so that every Staten Island District 75 student has the opportunity to attend their neighborhood schools if they choose.
Read the press release (PDF) here.
View Class Action Complaint (PDF) here
U.S. Department of Labor Office of Disability Policy Looking for States to Apply to Newly Launched ASPIRE
The U.S. Department of Labor’s
Office of Disability Employment Policy
has launched
ASPIRE, Advancing State Policy Integration for Recovery & Employment
, to ensure people with disabilities earn at least minimum wage and will provide training for states to implement strategic plans.
States selected to participate in ASPIRE will receive expert consultation in the following areas:
Policy Coordination
Program Integration
Evidence-based employment services to promote competitive integrated employment for individuals w/ mental health conditions
Learn more and apply at
. Jennifer Mathis, the Center’s Deputy Legal Director and Director of Policy and Legal Advocacy, serves on the working group for the ASPIRE grant.
Bazelon Center and Other Advocates File Lawsuit Challenging New York City’s Segregation of Staten Island Students with Disabilities
On Tuesday, January 26, attorneys
filed a major class action lawsuit
challenging New York City’s segregated school system for students with disabilities on Staten Island. The lawsuit alleges that New York City’s separate school district for children with disabilities, known as District 75, denies these students an equal education, forcing them into segregated schools and classrooms without adequate resources and with no meaningful opportunity to be integrated into their community schools.
The Bazelon Center for Mental Health Law,
Disability Rights New York
Disability Rights Advocates
, the Law Office of Jerry Hartman under the auspices of the
Barbara McDowell and Gerald S. Hartman Foundation Inc.
, and the law firm
Faegre Drinker Biddle & Reath LLP
work together to support the plaintiffs, three Staten Island students with disabilities. They are not seeking monetary damages; rather, they seek reforms that will compel the
New York City Department of Education
to provide the resources necessary so that every Staten Island District 75 student has the opportunity to attend their neighborhood schools if they choose. Many Staten Island District 75 students attend schools located outside their communities and spend two hours or more commuting to school every day.
Read the press release (PDF) here
Read the class action complaint (PDF) here
North Carolina Adopts Non-discriminatory COVID-19 Medical Rationing Provisions in Response to Civil Rights Complaint by Bazelon Center, Disability Rights NC, and Other Advocacy Groups
The U.S. Department of Health & Human Services Office for Civil Rights (OCR) resolved a federal complaint filed by
Disability Rights North Carolina (DRNC)
and
The Arc of North Carolina
alleging that North Carolina’s scarce medical resource plan illegally deprioritized people with disabilities in the allocation of lifesaving care. DRNC and The Arc of North Carolina were joined by a coalition of national disabilities advocates who have filed more than a dozen such complaints since the pandemic began.
Partners in the NC case are the Bazelon Center for Mental Health Law, the
Center for Public Representation
The Arc of the United States
Autistic Self Advocacy Network
and Samuel Bagenstos. Medical rationing policies have disproportionately impacted Black people with disabilities, because they have higher rates of COVID-19 infection and hospitalization.
In response to the complaint and engagement with OCR, North Carolina has revised its “
Protocol for Allocating Scarce Inpatient Critical Care Resources in a Pandemic
” to comply with federal disability rights laws and ensure that people with disabilities will not encounter discrimination even when public health emergencies, such as the COVID-19 pandemic, necessitate the rationing of medical resources.
Read the press release (PDF) with the key changes in North Carolina’s policy to avoid discrimination against people with disabilities here
With Objectives Achieved, Plaintiffs Seek Dismissal of Suit for COVID-19 Protections for State Psychiatric Hospital Patients
On January 13, the Bazelon Center for Mental Health Law, the
Connecticut Legal Rights Project
, and the
Center for Public Representation
asked the court to dismiss our case seeking improved COVID-19 protections for psychiatric hospital residents,
Wilkes v. Lamont
after achieving our goals. This class action case was filed in response to COVID-19 deaths and unsafe conditions in two of Connecticut’s state psychiatric hospitals, Connecticut Valley Hospital and Whiting Forensic Hospital. In the spring COVID-19 surge, five patients died and scores of patients and staff were infected. Because the state improved safety protocols at the hospitals and gained control over COVID-19 outbreaks there, and because the Governor’s COVID-19 Vaccine Advisory Group recognized that individuals in state psychiatric hospitals should be prioritized for vaccinations, the plaintiffs dismissed their case.
Read the press release (PDF) here.
Read about the case,
Wilkes v. Lamont
(PDF), here.
Bazelon Center and Other Leading Mental Health Organizations Call on States to Prioritize Individuals in Psychiatric Hospitals for Vaccination
On January 13, the Bazelon Center teamed up with the
National Association of State Mental Health Program Directors (NASMHPD)
, the
American Psychological Association
Mental Health America
, and the
National Alliance on Mental Illness (NAMI)
to call on states to include individuals with long-term psychiatric hospital stays in the highest priority group like any other healthcare setting. They also urge state authorities to follow the
Substance Abuse and Mental Health Services Administration (SAMHSA) recommendation
using outpatient treatment options, when clinically appropriate, wherever possible to reduce risks of spread during the pandemic.
Read the press release (PDF) here
Read the SAMHSA recommendations (PDF) here
Bazelon Center, AAPD, DREDF and 16 Other National Disability Rights Groups Closely Watching Supreme Court Case Challenging the Affordable Care Act
National disability groups are closely following the Supreme Court’s consideration of the challenge to the Affordable Care Act (ACA) brought by Texas and 19 other states and supported by the Trump Administration. Texas argues that the ACA’s individual mandate is unconstitutional and that the entire law must be struck down. The Supreme Court heard arguments in the case, California v. Texas, on Tuesday, November 10. The Bazelon Center for Mental Health Law,
the American Association of People with Disabilities (AAPD)
the Disability Rights Education and Defense Fund (DREDF)
, and 16 other leading disability rights organizations, represented pro bono by law firms
Dentons
and
Baker Hostetler
, filed
an amicus brief
with the US Supreme Court highlighting the crucial health care protections that Congress provided for people with disabilities in the ACA. The ACA prevents people from being denied coverage or charged more due to pre-existing conditions and made coverage of needed services available and affordable to millions of people with disabilities for the first time. Read the
press release (PDF) here
. Read the
amicus brief (PDF) here
Bazelon Center Applauds Introduction of the Mental Health Justice Act
The Bazelon Center applauds the November 9, 2020 introduction of the
Mental Health Justice Act
by Reps. Katie Porter, Tony Cárdenas, Mary Gay Scanlon, and Ayanna Pressley. Individuals with mental illnesses and intellectual and developmental disabilities are more likely to experience police violence during arrest, with one out of every four deaths caused by law enforcement officers being a person with a mental illness. Moreover, these individuals are often needlessly incarcerated rather than receiving the community-based services they need. The Mental Health Justice Act would address this by creating a grant program to pay for hiring, training, salary, benefits and additional expenses for mental health provider first responder units. These mental health providers would act as a mental health emergency response team, deployed in lieu of law enforcement officers when 911 is called because someone is in a mental health crisis or related situation. Grant recipients would also receive expert advice through technical assistance from the Disability Rights Section of the Civil Rights Division at the Department of Justice (DOJ) and from the Substance Abuse and Mental Health Services Administration (SAMHSA).
Read more about the Mental Health Justice Act here
Bazelon Center and 13 Prominent National Disability Organizations Join Together to Encourage Disability Community to Vote on November 3rd
On October 26, the Bazelon Center for Mental Health Law, together with thirteen prominent national disability organizations joined together to urge all Americans who care about issues related to disability to vote on November 3rd. We released the following
collective statement
“COVID-19 is a unique burden for people with disabilities. Lives have been lost. Isolation exacerbated. Unemployment skyrocketing. The policy issues on the ballot this November impacts every aspect of life for the disability community. We must vote in record numbers to have our voices heard and needs met in the ongoing public health emergency.
“People with disabilities form an increasingly large, powerful, and potentially decisive percentage of the electorate in key battleground states and across the country. A
projected 38 million eligible voters
have a disability
and millions more live with someone who has a disability.
Taken together,
more than 25% of the American electorate
may be motivated by issues affecting the disability community.
“These issues include funding for Home and Community Based Services (HCBS) to support health care needs during the COVID-19 pandemic. HCBS helps individuals with disabilities receive services at home as appropriate. HCBS is also important to help individuals with disabilities work, by hiring direct support staff, including job coaches, so that those who can work at this time have the supports they need to do so safely and effectively. And when individuals with disabilities work, we hope to see that they are paid fair wages with a phasing-out of section 14(c) of the Fair Labor Standards Act, which allows individuals with disabilities to be paid subminimum wages. These, among other issues, are essential to the future success of individuals with disabilities.
“Fourteen of the nation’s largest disability organizations are unified in message and purpose. We encourage all of our members to vote!”
Bazelon Center Updates Voting Rights Guides, Highlighting Voter Rights for People with Disabilities
In time for this critical election, the Bazelon Center issued a revised edition of its guide to the voting rights of people with mental disabilities, “
VOTE. It’s Your Right. Guide to the Voting Rights of People with Mental Disabilities
.” The guide, compiled jointly with the National Disability Rights Network, the Autistic Self Advocacy Network, and the law firms of Schulte, Roth & Zabel LLP and Akin Gump Strauss Hauer & Feld LLP, lists key legal principles and focuses on four areas of concern:
1.   voter-competence requirements;
2.   state photo-ID laws;
3.   voter challenges; and
4.   providing help to voters with disabilities.
“VOTE. It’s Your Right.” is available as a free PDF to download from the Bazelon Center’s website
here
The plain language version of the guide is available
here
Our updated charts showing voter competence laws, absentee ballot laws and voter challenge laws in each state can be found at
work/voting/
All of the Bazelon Center’s voting rights resources can be found
HERE
Bazelon Center and Partner Organizations Release Principles for Protecting Student Data Privacy and Equity in the Pandemic
On October 27, the Bazelon Center for Mental Health Law and 23 other education, healthcare, disability rights, data protection, and civil liberties organizations today released
Education During a Pandemic: Principles for Student Data Privacy and Equity
. The Principles offer 10 guiding recommendations for schools as they rely on new technologies and data to facilitate remote, in-person, or hybrid learning models during the COVID-19 pandemic.
As the pandemic worsens and schools continue to shift between remote learning, in-person learning, and hybrid approaches, it has become clear that there is a need for a set of guiding principles to serve all schools. The group of stakeholders developed its 10 recommendations to help guide schools as they navigate an unprecedented and evolving situation in the 2020-2021 school year. The
Future of Privacy Forum
and the Bazelon Center were primary drafters of the principles. Read the press release (PDF)
here
. Read the Principles
here
Bazelon Center and Other Disability Organizations Send Letter to Senate in Opposition to Nomination of Judge Amy Coney Barrett
Read the Opposition Nomination letter (PDF) here
Bazelon Center and 14 Other Disability and Civil Rights Organizations Urge Chief Justices to Endorse Bar Applicants’ Diploma Privilege During Pandemic
Today (
October 6
), the Bazelon Center for Mental Health Law, together with fourteen other disability and civil rights groups, sent a
letter
to the Conference of Chief Justices urging the conference to endorse the widespread adoption of temporary diploma privilege, for individuals applying for admission to the bar during the ongoing pandemic. In-person bar examinations during the COVID-19 pandemic pose a significant danger for communities of color and people with disabilities because of the disproportionate infection and death rates in those communities. This policy would allow qualified law school graduates to practice law without sitting for the bar exam during the pandemic.
Read the press release here (PDF)
Read the letter (PDF) here
Bazelon Center and More Than 50 Other Disability Organizations Send Letter to Senate in Opposition to Nomination of Judge Amy Coney Barrett
Today (
October 5)
the Bazelon Center for Mental Health Law, together with more than 50 other organizations representing people with disabilities, sent a letter
to the Senate leadership, urging them to reject the nomination of Judge Barrett to replace Justice Ruth Bader Ginsburg. The coalition also states that Congress should not act on any nomination to the Supreme Court until it has passed and the President has signed a COVID-19 relief bill.
Read the letter (PDF)
Bazelon Center Releases Review of  Amy Coney Barrett’s Record on Issues Affecting People with Disabilities
Today (
September 30
), the Bazelon Center released a
new report
reviewing the U.S. Supreme Court nominee Amy Coney Barrett’s record on issues affecting people with disabilities. The review outlines her
judicial decisions and other writings on
healthcare/the Affordable Care Act, the “public charge” rule, and other disability rights issues.
Read the full report here (PDF)
HHS OCR Resolves Federal Complaint Filed Against State of Utah by Bazelon Center and Partners
Today
(August 20)
the U.S. Department of Health & Human Services Office for Civil Rights (OCR)
announced
the resolution of a
federal complaint
filed against Utah. The complaint, brought by the Utah
Disability Law Center
and a coalition of national groups— the Bazelon Center for Mental Health Law,
The Arc of the United States
Center for Public Representation
Autistic Self Advocacy Network
Disability Rights Education and Defense Fund
and Samuel Bagenstos—is one of nearly a dozen
complaints that have been brought nationwide challenging states’ plans for rationing medical care during the COVID-19 pandemic as discriminating against people with disabilities. Today’s resolution sets a national precedent, with OCR building off earlier resolutions of complaints regarding plans in Alabama, Pennsylvania, and Tennessee and weighing in on the discriminatory impact of a number of provisions common in many states’ rationing plans.
Read the announcement
Read the press release (PDF)
Read the original complaint (PDF)
Bazelon Center and Partners File Lawsuit against Alameda County for Its Failed Mental Health System
Today
(July 30)
, the Bazelon Center for Mental Health Law, along with
Disability Rights California (DRC)
Disability Rights Education and Defense Fund
, and the Oakland-based law firm
Goldstein, Borgen, Dardarian & Ho
filed a federal lawsuit under the Americans with Disabilities Act (ADA) against Alameda County and Alameda Health System. The lawsuit challenges the unnecessary and illegal segregation of people with mental health disabilities — especially Black people with disabilities — in psychiatric institutions and the failure to ensure people with disabilities are provided the services they need.
Read the press release (PDF)
Read the amended complaint (PDF)
. A
video providing an overview of the lawsuit
is available, with personal stories of people who have faced institutionalization in Alameda County
Bazelon Center and Partners File Federal Complaints Challenging Crisis Standard of Care Plans in COVID-19 Hotspots Arizona and Texas
(July 23)
A coalition of state and national disability and civil rights advocacy groups have filed complaints with the U.S. Department of Health and Human Services, Office for Civil Rights (OCR) challenging the crisis standard of care plans in Arizona and Texas, two states hit hard by the COVID-19 pandemic. These crisis plans are used to decide who receives life-saving treatment.  Along with state partners, the national groups—the Bazelon Center for Mental Health Law,
The Arc
, the
Center for Public Representation
Disability Rights Education and Defense Fund
, the
Autistic Self Advocacy Network
, and
Justice in Aging
—argue that the plans discriminate against people with disabilities, older adults, and people of color, placing these communities at risk of substantial and imminent harm—and the real risk of being denied basic and emergency treatment—during the pandemic.
Read the press release (PDF)
Read the Arizona complaint (PDF)
Read the Texas complaint (PDF)
July 20 Letter from Bazelon Center,
ACLU, Disability Rights Maryland and NAACP-LDF Demands Urgent Action Following Baltimore Police Shooting of Ricky Walker Jr.
(Updated July 22)
The Bazelon Center decries the July 1 shooting of Mr. Ricky Walker, Jr., a Black Baltimore resident with mental health issues, by Baltimore City police officers responding to a 9-1-1 call at his family’s home.  Yesterday, Bazelon,
Disability Rights Maryland
, the
ACLU of Maryland
, and the
NAACP Legal Defense Fund
sent a letter to Baltimore’s mayor, police commissioner, State’s Attorney, and the CEO of Baltimore’s behavioral health authority demanding that they take immediate action to prevent more tragedies like Mr. Walker’s.  The letter asks that Baltimore’s 9-1-1 system dispatch non-law enforcement mobile crisis teams on calls responding to individuals in crisis, and that Baltimore expand and enhance its behavioral health system, including its crisis response system but also longer-term supports, including housing services.  Bazelon calls on Baltimore and all communities to consider a reduced role for the police and additional spending on community-based measures that promote the well-being of all.
Read the press release (PDF)
Read the full letter (PDF)
HHS OCR Resolves Federal Complaint Filed Against State of Tennessee by Bazelon Center and Partners
Today (June 26), the U.S. Department of Health & Human Services Office for Civil Rights (OCR)
announced
the resolution of a federal complaint filed against Tennessee, one of nearly a dozen complaints filed by a coalition of national disability advocates – the Judge David L. Bazelon Center for Mental Health Law, the
Center for Public Representation
The Arc of the United States
Autistic Self Advocacy Network
Disability Rights Education and Defense Fund
and Samuel Bagenstos — challenging states’ plans for rationing medical care during the COVID-19 pandemic as discriminating against people with disabilities. Medical rationing policies have disproportionately impacted Black people with disabilities, who have higher rates of COVID-19 infection and
hospitalization
. Today’s resolution sets a national precedent, with OCR building off earlier resolutions of complaints regarding Alabama’s and Pennsylvania’s plans and weighing in for the first time on the discriminatory impact of a number of provisions common in many states’ rationing plans.
Read the announcement (PDF)
Read the press release (PDF)
. Read the
original complaint
(PDF).
Bazelon Center and Partners File Preliminary Injunction Addressing Undue COVID-19 Risk at Mental Health Facilities
The Judge David L. Bazelon Center for Mental Health Law,
the Connecticut Legal Rights Project
, and
Center for Public Representation
this week (June 10) filed a motion for a preliminary injunction in a class action case challenging Connecticut’s failure to take adequate steps to protect residents of two state psychiatric hospitals from contracting and dying from COVID-19. Both hospitals, Connecticut Valley Hospital (CVH) and Whiting Forensic Hospital (WFH), have had outbreaks of the virus. Five patients at CVH have died from COVID-19. At CVH and WFH, Defendants have confirmed 73 cases of COVID-19 among patients and 64 cases among staff, since testing began.
Read the full press release (PDF)
Bazelon Center and Eighteen Other Leading National Disability Rights Organizations File Amicus Brief in
California v. Texas
, Defending the Affordable Care Act
This week (May 13), the Judge David L. Bazelon Center for Mental Health Law,
American Association of People with Disabilities
, the
Disability Rights Education and Defense Fund
, and 16 other leading disability rights organizations, represented pro bono by law firms
Dentons
and
Baker Hostetler
, filed an
amicus brief
with the US Supreme Court highlighting the crucial health care protections that Congress provided for people with disabilities in the Affordable Care Act (ACA). The ACA prevented people from being denied coverage or charged more due to pre-existing conditions and made coverage of needed services available and affordable to millions of people with disabilities for the first time. In March, the Supreme Court agreed to hear the case, formerly known as
Texas v. US
and now known as
California v. Texas
, which it will hear in the fall.
Read the full press release (PDF)
Read the amicus brief (PDF)
Bazelon Center and Partners Release Guidance on COVID-19 Hospital Visitation Policies
Today (May 15), the Bazelon Center and partners have released a guide setting forth what hospitals and doctors’ offices must do to comply with the ADA and other disability rights laws when there are no-visitor policies in place due to COVID. The guide explains the requirement to make reasonable modifications to such policies and to allow a person to bring someone else to support them when necessary to accommodate the person’s disability.
Read the guide (PDF)
Bazelon Center Joins
Connecticut Legal Rights Project in Federal Class Action Lawsuit Addressing
the Spread of COVID-19 in Two Connecticut Psychiatric Hospitals
Yesterday (May 7) the Bazelon Center joined the Connecticut Legal Rights Project in a federal class action lawsuit addressing
the spread of COVID-19 in two Connecticut psychiatric hospitals, where patients face grave risks to their health and safety as a result of the facilities failure to take adequate measures to protect residents,
in violation of the Constitution, the Americans with Disabilities Act, and other laws.  The plaintiffs ask the state to take steps to ensure the safety of patients in two state psychiatric hospitals by discharging individuals to community services and ensuring adequate safety measures for those remaining in the hospitals.
Read the complaint.
Bazelon Center Urges Decrease of Number of Individuals in Psychiatric Hospitals during COVID-19
The COVID-19 pandemic has created enormous health risks for people confined in psychiatric hospitals. Today (April 15), the Bazelon Center released a statement urging states and localities to decrease the number of individuals in psychiatric hospitals during this pandemic by reducing admissions and accelerating discharges.
Read a copy of the statement (PDF)
Bazelon Center and Partners Release Rationing Evaluation Tool
Together with other partners, the Bazelon Center today (April 9) released a
tool for evaluating Crisis Standard of Care plans
that ration scarce medical resources, in order to determine whether they comply with federal laws prohibiting disability discrimination. The tool contains six questions that are useful for scrutinizing these rationing plans. It is a companion to the
guidance (PDF)
that we and our partners released on April 3, 2020 applying
HHS Office of Civil Rights’ bulletin
concerning disability discrimination in medical rationing schemes. The tool, “
Evaluation Framework For Crisis Standard of Care Plans
,” is available to
download (PDF)
. (
Updated 11/30/20
Alabama Withdraws Discriminatory Ventilator Rationing Policy and Issues Directive About Non-Discrimination in Accessing Life-Saving Treatment
On April 8, in response to a
complaint filed
with the U.S. Department of Health and Human Services Office for Civil Rights (OCR) by the Alabama Disability Advocacy Program (ADAP), the Bazelon Center for Mental Health Law, and other disability rights advocates, the state of Alabama has withdrawn its discriminatory ventilator rationing policy and instructed hospitals across the state that they cannot discriminate against people with disabilities in accessing treatment. The previous policy placed the lives of disabled adults and children at serious risk, in violation of federal law, by ordering hospitals to “not offer mechanical ventilator support for patients” with “severe or profound mental retardation,” “moderate to severe dementia,” and “severe traumatic brain injury.”
Read the Press Release (PDF)
and
read the original complaint (PDF)
Bazelon Center Statement on the Urgency of Reducing the Jail Population During the COVID-19 Crisis
Today, April 6, 2020, the Bazelon Center for Mental Health Law
released a statement urging all jurisdictions to: (1) Immediately release a majority of the individuals with mental illness held in jails, and (2) Take immediate steps to divert from jail the majority of individuals with mental illness who are arrested.
Read the Bazelon Center Statement (PDF).
Large Coalition of National Disability and Health Advocacy Organizations Endorse Guidance On Preventing Disability Discrimination in COVID-19 Treatment Rationing
The Bazelon Center and partners released today (April 3) a guidance document for states and hospitals on avoiding disability discrimination in the event of rationing of life-saving medical treatment.  The guidance is based on
the bulletin
that the US Department of Health and Human Services Office for Civil Rights issued on March 28 concerning the requirements of federal disability rights laws in the context of rationing scarce medical treatment.  The guidance explains how the principles in HHS’s bulletin would apply in practical terms, what those principles mean for covered entities developing and implementing rationing protocols, and what concrete steps can be taken to comply with federal law.  The guidance is endorsed by nearly 90 national disability rights organizations.
Read the press release (PDF)
and
the guidance (PDF)
here.
Bazelon Center and Partners File Additional Complaints of Disability Discrimination in COVID-19 Treatment Rationing
On
Tuesday, March 24
, the Bazelon Center, together with the
Alabama Disabilities Advocacy Program
the Arc of the United States
the Center for Public Representation
, and Samuel Bagenstos, filed a complaint today with the U.S. Department of Health and Human Services Office for Civil Rights (OCR) contending that Alabama’s ventilator rationing plan discriminates against people with intellectual and cognitive disabilities, in violation of the Americans with Disabilities Act (ADA) and other laws. The complainants are ADAP and The Arc, on behalf of Alabamians with intellectual and cognitive disabilities who will likely die if medical professionals are allowed to withhold health care services from them on the basis of their disabilities. The complaints ask HHS to take immediate action to address this discrimination and assist local jurisdictions and providers to develop non-discriminatory approaches before there are lethal consequences to application of these illegal policies. The day before, we filed a
complaint challenging Washington state’s discriminatory scheme
to ration COVID-19 treatment.
Read the Press Release (PDF).
On
Friday, March 27,
we filed two additional complaints for the states of
Kansas (PDF)
and
Tennessee (PDF)
. Read more about our
Kansas complaint (PDF)
and the
Tennessee complaint (PDF)
JOIN THE COALITION FOR SMART SAFETY AND THE CONSORTIUM FOR CITIZENS WITH DISABILITIES RIGHTS TASK FORCE ON FEBRUARY 3, 2020 FOR HOUSE AND SENATE-SIDE BRIEFINGS
January
30, 2020
On February 3, 2020, the Coalition for Smart Safety, a coalition of mental health, disability, civil rights, education, and privacy groups convened by the Bazelon Center and the National Disability Rights Network, together with the Consortium for Citizens with Disabilities Rights Task Force, is hosting congressional briefings titled Debunking the Myths:  Mental Health and Gun Violence. The
House side briefing
, presented in conjunction with Representatives Langevin and Napolitano, will be at 1 pm. The
Senate side briefing
, presented in cooperation with Senators Blumenthal and Casey, will be at 3 pm. See the invitations for details on the speakers and RSVP.
2/3/20 –
Debunking The Myths: Mental Health and Gun Violence (PDF)
– 1 PM House-side
Briefing Invite and RSVP (PDF)
2/3/20 –
Debunking The Myths: Mental Health and Gun Violence
– 3 PM Senate-side
Briefing Invite and RSVP (PDF)
THE BAZELON CENTER FOR MENTAL HEALTH LAW: DIVERSION TO WHAT? EVIDENCE-BASED MENTAL HEALTH SERVICES THAT PREVENT NEEDLESS INCARCERATION
October 1, 2019
– The Bazelon Center for Mental Health Law has released a report describing the essential community mental health services that must be expanded to divert people with significant psychiatric disabilities from the criminal justice system:
Diversion to What? Evidence-Based Mental Health Services That Prevent Needless Incarceration (PDF)
Diversion to What?
is designed to provide guidance to stakeholders engaged in efforts to reduce incarceration of people with psychiatric disabilities, laying out the types of services that should be the focus of such efforts. The report describes what those services do and how they are structured, and identifies the evidence demonstrating their success in reducing incarceration.
Download the “Diversion to What?” (PDF)
. The Bazelon Center gratefully acknowledges essential support for this report provided by the MacArthur Foundation’s Safety and Justice Challenge and the Ford Foundation.
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