The Latonya Reeves Freedom Act

Latonya Reeves worked with MCIL to leave an institution here in Memphis Tennessee and live independently in Denver Colorado

The Latonya Reeves Freedom Act (LFRA) is named in honor of this disability activist who unfortunately passed away on January 9, 2023. But the work continues and we will push forward with this important work to pass this imperative bill. If you do not know Latonya and her story, please go here to review her video: 

https://latonyareevesfreedomact.org/ 

 

The LRFA of 2023 will be introduced in the 118^th Congress by Rep. Steve Cohen (D-TN) and Sen. Michael Bennet (D-CO) on Wednesday, April 19^th which is Latonya’s birthday. *Link to Sen. Bennet’s one pager on the 117^th bill: https://www.bennet.senate.gov/public/_cache/files/5/7/572d7afd-46a6-4d44-946b-80890e4332f5/807B492A6970479D44399E41594B5C6E.laytona-reeves-freedom-act-one-pager-final.pdf 

 

The legislation will enable individuals with disabilities to live independent lives in their community and would: 

● Establish a comprehensive State planning requirement with enforceable and measurable objectives to transition individuals with disabilities out of institutions and into the most integrated setting, if they choose that transition; 

● Prevent State governments and insurers from engaging in discriminatory practices, policies, or rules that would prevent an eligible individual ● from receiving community-based LTSS; 

● Identify and address disparities in the provision of community-based LTSS; and 

● Accelerate State compliance with the integration mandate of the ADA. 

Many are fighting the multi-faceted outcomes of the SCOTUS case of Dobbs v. Jackson Women’s Health Organization. The shift in the Supreme Court raises concerns about the future of Olmstead v. Lois Curtis case as well. Disability is also not in the US Constitution and therefore the civil and human rights of the disabled are at jeopardy among numerous other multi-marginalized communities. Multiple groups are fighting for bodily autonomy issues and the right to live in the community and not be institutionalized are very much a part of this fight for bodily autonomy.  

 

CDR has written a blog post about this concern – a concern that has actually moved many in Congress to engage in the passage of the LRFA:  

https://cdrnys.org/blog/advocacy/scotus-dobbs-decision-raises-serious-concerns-for-future-of-olmstead/ 

 

For many years there have been multiple activists who have said that solutions focused only on a mandatory Medicaid benefit or enhanced funding leave behind BIPOC with disabilities who face a multitude of barriers to community integration, including the lack of affordable, accessible, integrated housing, including housing that is independent of service delivery. The LTSS fight continues to be centered and led by white privileged disabled people with a message of being able “to stay at home”. But what about the millions of disabled people who are stuck inside institutions with no housing? Many of whom are Black and Brown disabled and left out of the conversation and fight for freedom.  

 

Recognizing the threat to the SCOTUS Olmstead v. Lois Curtis  case has raised the urgency of moving the LRFA forward. We understand that providers who operate institutional settings may have concerns about the bill.  To address that, the sponsors (Cohen & Bennet) are adding a construction clause that clarifies the legislation does not require an individual with a LTSS disability live or receive services in a more integrated setting if they choose a less integrated setting or institution.