Virginia Gov. Bob McDonnell introduced legislation on Wednesday intended to avoid a lawsuit over the state’s alleged failure to comply with the Americans with Disabilities Act.
The legislation would create a trust fund used to transition intellectually disabled residents out of state institutions and into community-based care. It comes less than a week after the U.S. Department of Justice issued a report lambasting the state for its sterile and ineffective institutions, and its paltry funding for services legally required for the disabled.
Virginia is one of only five states that continue using hospital-like institutions for the long-term care of the disabled. About 1,100 people are now institutionalized at a cost to taxpayers of about $200,000 per year. At the state’s largest institution, outside of Lynchburg, 170 residents are listed as eligible for discharge. About 140 of them have been on the list since at least 2007.
The fund would be used in part to provide more Medicare waivers for community-based care, such as group homes or with an approved caretaker. About 8,600 people use the waivers now, at an average cost of $76,400. Another 6,400 people are on the waiting list for services.
A House of Delegates’ budget proposal would provide more than $28 million to add 375 waivers. A state audit, however, found that closer to 1,000 would be needed just to address the waiting list.
The Associated Press is reporting that compliance with the federal laws will cost $2 billion over the next 10 years. The state has about 45 days to address the Justice Department’s critiques before facing a possible lawsuit.
