Letter of Findings Regarding South Dakota's Use of Nursing Facilities to Serve Individuals with Disabilities

South Dakota

“We conclude that South Dakota fails to provide services to individuals with disabilities in the most integrated setting appropriate to their needs, in violation of Title II of the ADA. Instead, South Dakota's system of care requires thousands of people with disabilities to live in segregated nursing facilities to receive the services they need and for which they are eligible under Medicaid, despite their preference to remain in their own homes and communities. These individuals include those with physical disabilities, such as mobility limitations or blindness; chronic illnesses, like diabetes or heart disease; or cognitive disabilities, like brain injury due to stroke or trauma. They include younger and working-age people as well as older adults who have developed a disability as part of the aging process. Many of these individuals, and their families, have sought long-term care services from the State only to find that a nursing facility is the only available option. And many have never been informed by the State that they could be receiving care while living in their own homes.”

State Policies & Initiatives: 
Enforcement
Systems: 
  • Medicaid Agencies
  • Other
Topics: 
  • Home and Community Based Services (HCBS)
Other: 
  • US Department of Justice
Date Enacted: 
05/02/2016
CITATIONS: