Maine DHHS responds to DOJ lawsuit citing the state's violation of Americans with Disabilities Act

Department of Health and Human Services aims to develop corrective action plan

Federal complaint alleges state's system of care for individuals with intellectual disabilities and mental illness illegally segregates those who need services

AUGUSTA, Maine (WMTW) - Attorney General Merrick Garland announced Thursday that a federal lawsuit has been filed against the state of Maine, alleging the state is violating the Americans with Disabilities Act.

The complaint, filed in the U.S. District Court for the District of Maine, alleges that Maine’s system of care for people with intellectual disabilities and mental illness illegally segregates those who need services into institutions or settings that are separate from the community.

In a statement, Garland said that the United States believes that people with disabilities deserve the same opportunities as everyone else to live and work in their communities.

“The department is committed to ensuring that states receiving federal funding comply with the ADA and provide people with disabilities the services they need to live as independently as possible,” Garland said.

The Justice Department’s lawsuit alleges that Maine routinely places people with disabilities in congregate settings such as nursing homes and other institutions, even when they do not require that level of care.

The complaint also alleges that the state’s system of care lacks adequate support services to help people with disabilities live independently in the community.

As a result of these alleged violations, the Justice Department is seeking injunctive relief to require Maine to adopt a plan to bring its system of care into compliance with the ADA.

The department is also seeking monetary damages to compensate individuals who have been harmed by the state’s alleged violations of the ADA.

In a statement, Maine DHHS Commissioner Jeanne Lambrew said the state is committed to providing high-quality services to people with disabilities.

Lambrew said the department has already begun to develop a corrective action plan in response to the lawsuit and looks forward to working with the Justice Department to resolve this matter.