Latonya Reeves Freedom Act of 2021

Latonya Reeves Freedom Act of 2021

This bill prohibits government entities and insurance providers from denying community-based services to individuals with disabilities that require long-term service or support that would enable such individuals to live in the community and lead an independent life.

Specifically, these entities may not discriminate against such individuals in the provision of community-based services by such actions as imposing prohibited eligibility criteria, cost caps, or waiting lists or failing to provide a specific community-based service. Additionally, community-based services must be offered to individuals with such disabilities prior to institutionalization. Institutionalized individuals must be notified regularly of community-based alternatives.

The bill requires the Department of Justice to issue regulations requiring government entities and insurance providers to offer community-based long-term services to individuals with such disabilities who would otherwise qualify for institutional placement. Government entities must ensure sufficient availability of affordable, accessible, and integrated housing that is not a disability-specific residential setting or a setting where services are tied to tenancy.

Regulations shall also (1) require government entities and insurance providers to perform self-evaluation on current services, policies, and practices and concerning compliance with requirements of this bill; and (2) require government entities to submit a transition plan. The bill provides funds for FY2022 for the Department of Health and Human Services to provide technical assistance with respect to transition plans.

The bill allows civil actions by individuals subjected to, or about to be subjected to, a violation of its requirements.