Ruling in Texas v Kennedy Court Case Vacates the Integration Mandate

On September 23, a federal judge from the Northern District of Texas ruled in the Texas v. Kennedy case. The court issued an order to vacate the integration mandate provisions of the Department of Health and Human Services’ (HHS) rule implementing Section 504 of the Rehabilitation Act. This means the federal court said that they can act as if that part of the rule never existed, and this is known as vacating the rule. The integration mandate helps keep people with disabilities in the community and out of institutions.

Ignoring the integration mandate is particularly devastating to disabled people in disasters.
Not only are disabled people 2-4 times more likely to die or be injured in disasters than nondisabled people, according to the National Council on Disability, but we are also more likely to be institutionalized in disasters.

The Partnership vehemently condemns this action.

This decision does not mean that the law, decades of legal precedent, and other portions of the HHS 504 rule are no longer in effect. We urge you to join us in continuing to educate legislators and in advocating to protect the integration mandate. We do not yet know what the full impact of this decision will be. We will keep you informed and let you know about actions that you can take as an advocate.

Click here to read the joint statement created by The Arc of the United States, Bazelon Center for Mental Health Law, Center for Public Representation, Disability Rights Education & Defense Fund, Justice in Aging, the National Health Law Program, and American Civil Liberties Union, with contributions by Alison Barkoff, Hirsh Health Law and Policy Associate Professor, George Washington University.