On April 22, 2024, the Department of Justice filed a Statement of Interest in Isaac A. et al. v. Carlson, No. 1:24-cv-00037-AT (N.D. Ga.), a lawsuit filed on behalf of Medicaid-eligible children in Georgia with behavioral health disabilities who need intensive community-based services to avoid unnecessary institutional placements. The complaint included claims under Title II of the Americans with Disabilities Act, Section 504 of the Rehabilitation Act, and provisions of the federal Medicaid program. After the Defendants, Georgia officials, filed a motion to dismiss the complaint, the Statement of Interest offered clarification to the court on important legal claims regarding the integration mandate of the ADA and Section 504 as well as the Early and Periodic Screening, Diagnosis and Treatment (EPSDT) provisions of Medicaid. The Department’s brief explains that (1) Plaintiffs have stated a claim for a violation of the integration mandate because they have adequately alleged that they are in—or at serious risk of entering—institutions and are appropriate for community-based services, do not oppose such services, and such services can be reasonably accommodated; (2) there is a private right of action under 42 U.S.C. § 1983 for Medicaid beneficiaries to sue for violations of the Medicaid rights at issue here; and (3) Plaintiffs have adequately alleged violations of these Medicaid rights.
