Latonya Reeves Freedom Act of 2023

I 118TH CONGRESS 1ST SESSION H. R. 2708 To prohibit discrimination against individuals with disabilities who need long- term services and supports, and for other purposes. IN THE HOUSE OF REPRESENTATIVES APRIL 19, 2023 Mr. COHEN (for himself, Mr. AUCHINCLOSS, Mrs. BEATTY, Mr. BERA, Mr. BISHOP of Georgia, Ms. BLUNT ROCHESTER, Ms. BONAMICI, Mr. BOW- MAN, Mr. BOYLE of Pennsylvania, Mr. BUCK, Mr. CARBAJAL, Ms. CHU, Ms. CLARKE of New York, Mr. CONNOLLY, Ms. CRAIG, Mr. DOGGETT, Mr. EVANS, Mr. GOMEZ, Mr. GREEN of Texas, Mr. GRIJALVA, Mr. HUFFMAN, Ms. JACOBS, Mr. KEATING, Mr. KILDEE, Mr. KILMER, Ms. KUSTER, Mr. LIEU, Mr. LYNCH, Mrs. MCBATH, Ms. MENG, Mr. MFUME, Ms. MOORE of Wisconsin, Mr. MOULTON, Mr. NEGUSE, Mr. PASCRELL, Mr. PETERS, Ms. PINGREE, Mr. POCAN, Ms. PORTER, Mr. QUIGLEY, Mr. RUPPERSBERGER, Mr. RYAN, Ms. SCANLON, Ms. SCHAKOWSKY, Mr. SCHIFF, Mr. SMITH of Washington, Ms. STEVENS, Ms. STRICKLAND, Mr. THOMPSON of Mississippi, Ms. TLAIB, Ms. UNDERWOOD, Ms. VELA´ZQUEZ, Ms. WASSERMAN SCHULTZ, Mrs. WATSON COLEMAN, Ms. WILD, Ms. WILLIAMS of Georgia, Mr. PANETTA, Ms. MATSUI, and Mr. FITZPATRICK) introduced the following bill; which was referred to the Committee on Energy and Commerce, and in addition to the Committee on the Judiciary, for a period to be subsequently determined by the Speaker, in each case for consideration of such provisions as fall within the jurisdiction of the committee concerned A BILL To prohibit discrimination against individuals with disabil- ities who need long-term services and supports, and for other purposes. VerDate Sep 11 2014 22:42 Apr 21, 2023 Jkt 039200 PO 00000 Frm 00001 Fmt 6652 Sfmt 6652 E:\BILLS\H2708.IH H2708 kjohnson on DSK79L0C42PROD with BILLS 2 •HR 2708 IH Be it enacted by the Senate and House of Representa- 1 tives of the United States of America in Congress assembled, 2 SECTION 1. SHORT TITLE. 3 This Act may be cited as the ‘‘Latonya Reeves Free- 4 dom Act of 2023’’. 5 SEC. 2. PURPOSES. 6 The purposes of this Act are— 7 (1) to clarify and strengthen the integration 8 mandate of the Americans with Disabilities Act of 9 1990, held by the Supreme Court in Olmstead v. 10 L.C., 527 U.S. 581 (1999) in a manner that acceler- 11 ates and improves State compliance; 12 (2) to affirm that every individual who is eligi- 13 ble for long-term services and supports has a feder- 14 ally protected right to be meaningfully integrated 15 into that individual’s community and receive commu- 16 nity-based long-term services and supports; 17 (3) to ensure that States provide long-term 18 services and supports to individuals with disabilities 19 in a manner that allows individuals with disabilities 20 to live in the most integrated setting, including the 21 individual’s own home, have maximum control over 22 their services and supports, and ensure that long- 23 term services and supports are provided in a manner 24 VerDate Sep 11 2014 22:42 Apr 21, 2023 Jkt 039200 PO 00000 Frm 00002 Fmt 6652 Sfmt 6201 E:\BILLS\H2708.IH H2708 kjohnson on DSK79L0C42PROD with BILLS 3 •HR 2708 IH that allows individuals with disabilities to lead an 1 independent life; 2 (4) to establish a comprehensive State planning 3 requirement that includes enforceable, measurable 4 objectives that are designed to transition individuals 5 with all types of disabilities at all ages out of institu- 6 tions and into the most integrated setting, if they 7 choose that transition; and 8 (5) to identify and address disparities in the 9 provision of community-based long-term services and 10 supports. 11 SEC. 3. DEFINITIONS AND RULE. 12 (a) DEFINITIONS.—In this Act: 13 (1) ACTIVITIES OF DAILY LIVING.—The term 14 ‘‘activities of daily living’’ has the meaning given the 15 term in section 441.505 of title 42, Code of Federal 16 Regulations (or a successor regulation). 17 (2) ADMINISTRATOR.—The term ‘‘Adminis- 18 trator’’ means— 19 (A) the Administrator of the Administra- 20 tion for Community Living; or 21 (B) another designee of the Secretary of 22 Health and Human Services. 23 (3) COMMUNITY-BASED; SERVICES OR SUP- 24 PORTS.—The term ‘‘community-based’’, when used 25 VerDate Sep 11 2014 22:42 Apr 21, 2023 Jkt 039200 PO 00000 Frm 00003 Fmt 6652 Sfmt 6201 E:\BILLS\H2708.IH H2708 kjohnson on DSK79L0C42PROD with BILLS 4 •HR 2708 IH in reference to services or supports, means services 1 or supports that are provided to an individual with 2 an LTSS disability to enable that individual to live 3 in the community and lead an independent life, and 4 that are delivered in whichever setting the individual 5 with an LTSS disability has chosen out of the fol- 6 lowing settings with the following qualities: 7 (A) In the case of a dwelling or a nonresi- 8 dential setting (such as a setting in which an 9 individual with an LTSS disability receives day 10 services and supported employment), a dwelling 11 or setting— 12 (i) that, as a matter of infrastructure, 13 environment, amenities, location, services, 14 and features, is integrated into the greater 15 community and supports, for each indi- 16 vidual with an LTSS disability who re- 17 ceives services or supports at the setting— 18 (I) full access to the greater com- 19 munity (including access to opportuni- 20 ties to seek employment and work in 21 competitive integrated settings, en- 22 gage in community life, control per- 23 sonal resources, and receive services 24 in the community); and 25 VerDate Sep 11 2014 22:42 Apr 21, 2023 Jkt 039200 PO 00000 Frm 00004 Fmt 6652 Sfmt 6201 E:\BILLS\H2708.IH H2708 kjohnson on DSK79L0C42PROD with BILLS 5 •HR 2708 IH (II) access to the greater commu- 1 nity to the same extent as access to 2 the community is enjoyed by an indi- 3 vidual who is not receiving long-term 4 services or supports; 5 (ii) that the individual has selected as 6 a meaningful choice from among nonresi- 7 dential setting options, including nondis- 8 ability-specific settings; 9 (iii) in which an individual has rights 10 to privacy, dignity, and respect, and free- 11 dom from coercion and restraint; 12 (iv) that, as a matter of infrastruc- 13 ture, environment, amenities, location, 14 services, and features, optimizes, but does 15 not regiment, individual initiative, auton- 16 omy, and independence in making life 17 choices, including choices about daily ac- 18 tivities, physical environment, and persons 19 with whom the individual interacts; and 20 (v) that, as a matter of infrastructure, 21 environment, amenities, location, services, 22 and features, facilitates individual choice 23 regarding the provision of services and 24 VerDate Sep 11 2014 22:42 Apr 21, 2023 Jkt 039200 PO 00000 Frm 00005 Fmt 6652 Sfmt 6201 E:\BILLS\H2708.IH H2708 kjohnson on DSK79L0C42PROD with BILLS 6 •HR 2708 IH supports, and who provides those services 1 and supports. 2 (B) In the case of a dwelling, a dwelling— 3 (i) that is owned by an individual with 4 an LTSS disability or the individual’s fam- 5 ily member; 6 (ii) that is leased to the individual 7 with an LTSS disability under an indi- 8 vidual lease, that has lockable access and 9 egress, and that includes living, sleeping, 10 bathing, and cooking areas over which an 11 individual with an LTSS disability or the 12 individual’s family member has domain 13 and control; or 14 (iii) that is a group or shared resi- 15 dence— 16 (I) in which no more than 4 un- 17 related individuals with an LTSS dis- 18 ability reside; 19 (II) for which each individual 20 with an LTSS disability living at the 21 residence owns, rents, or occupies the 22 residence under a legally enforceable 23 agreement under which the individual 24 has, at a minimum, the same respon- 25 VerDate Sep 11 2014 22:42 Apr 21, 2023 Jkt 039200 PO 00000 Frm 00006 Fmt 6652 Sfmt 6201 E:\BILLS\H2708.IH H2708 kjohnson on DSK79L0C42PROD with BILLS 7 •HR 2708 IH sibilities and protections as tenants 1 have under applicable landlord-tenant 2 law; 3 (III) in which each individual 4 with an LTSS disability living at the 5 residence— 6 (aa) has privacy in the indi- 7 vidual’s sleeping unit, including a 8 lockable entrance door controlled 9 by the individual; 10 (bb) shares a sleeping unit 11 only if such individual and the 12 individual sharing the unit choose 13 to do so, and if individuals in the 14 residence so choose, they also 15 have a choice of roommates with- 16 in the residence; 17 (cc) has the freedom to fur- 18 nish and decorate the individual’s 19 sleeping or living unit as per- 20 mitted under the lease or other 21 agreement; 22 (dd) has the freedom and 23 support to control the individ- 24 VerDate Sep 11 2014 22:42 Apr 21, 2023 Jkt 039200 PO 00000 Frm 00007 Fmt 6652 Sfmt 6201 E:\BILLS\H2708.IH H2708 kjohnson on DSK79L0C42PROD with BILLS 8 •HR 2708 IH ual’s own schedules and activi- 1 ties; and 2 (ee) is able to have visitors 3 of the individual’s choosing at 4 any time; and 5 (IV) that is physically accessible 6 to the individual with an LTSS dis- 7 ability living at the residence. 8 (4) COMMUNITY-BASED; SETTING.—The term 9 ‘‘community-based’’, when used in reference to a set- 10 ting, means a setting described in subparagraph (A) 11 or (B) of paragraph (3). 12 (5) DWELLING.—The term ‘‘dwelling’’ has the 13 meaning given the term in section 802 of the Fair 14 Housing Act (42 U.S.C. 3602). 15 (6) HEALTH-RELATED TASKS.—The term 16 ‘‘health-related tasks’’ means specific nonacute 17 tasks, typically regulated by States as medical or 18 nursing tasks that an individual with a disability 19 may require to live in the community, including— 20 (A) administration of medication; 21 (B) assistance with use, operation, and 22 maintenance of a ventilator; and 23 (C) maintenance and use of a gastrostomy 24 tube, a catheter, or a stable ostomy. 25 VerDate Sep 11 2014 22:42 Apr 21, 2023 Jkt 039200 PO 00000 Frm 00008 Fmt 6652 Sfmt 6201 E:\BILLS\H2708.IH H2708 kjohnson on DSK79L0C42PROD with BILLS 9 •HR 2708 IH (7) INDIVIDUAL WITH A DISABILITY.—The term 1 ‘‘individual with a disability’’ means an individual 2 who is a person with a disability, as defined in sec- 3 tion 3 of the Americans with Disabilities Act of 4 1990 (42 U.S.C. 12102). 5 (8) INDIVIDUAL WITH AN LTSS DISABILITY.— 6 The term ‘‘individual with an LTSS disability’’ 7 means an individual with a disability who— 8 (A) in order to live in the community and 9 lead an independent life requires assistance in 10 accomplishing— 11 (i) activities of daily living; 12 (ii) instrumental activities of daily liv- 13 ing; 14 (iii) health-related tasks; or 15 (iv) other functions, tasks, or activi- 16 ties related to an activity or task described 17 in clause (i), (ii), or (iii); and 18 (B)(i) is currently in an institutional place- 19 ment; or 20 (ii) is at risk of institutionalization if the 21 individual does not receive community-based 22 long-term services and supports. 23 (9) INSTITUTION; INSTITUTIONALIZATION.— 24 VerDate Sep 11 2014 22:42 Apr 21, 2023 Jkt 039200 PO 00000 Frm 00009 Fmt 6652 Sfmt 6201 E:\BILLS\H2708.IH H2708 kjohnson on DSK79L0C42PROD with BILLS 10 •HR 2708 IH (A) INSTITUTION.—The term ‘‘institution’’ 1 means— 2 (i) a skilled nursing facility (as de- 3 fined in section 1819(a) of the Social Secu- 4 rity Act (42 U.S.C. 1395i–3(a))); 5 (ii) a nursing facility (as defined in 6 section 1919(a) of such Act (42 U.S.C. 7 1396r(a))); 8 (iii) a long-term care hospital (as de- 9 scribed in section 1886(d)(1)(B)(iv) of 10 such Act (42 U.S.C. 11 1395ww(d)(1)(B)(iv))); 12 (iv) a facility described in section 13 1905(d) of such Act (42 U.S.C. 1396d(d)); 14 (v) an institution which is a psy- 15 chiatric hospital (as defined in section 16 1861(f) of such Act (42 U.S.C. 1395x(f))) 17 or that provides in-patient psychiatric serv- 18 ices in a residential setting specified by the 19 Secretary; 20 (vi) an institution described in section 21 1905(i) of such Act (42 U.S.C. 1396d(i)); 22 and 23 (vii) any congregate setting that is not 24 community-based or that has the effect of 25 VerDate Sep 11 2014 22:42 Apr 21, 2023 Jkt 039200 PO 00000 Frm 00010 Fmt 6652 Sfmt 6201 E:\BILLS\H2708.IH H2708 kjohnson on DSK79L0C42PROD with BILLS 11 •HR 2708 IH isolating individuals with disabilities from 1 the community. 2 (B) INSTITUTIONALIZATION.—The term 3 ‘‘institutionalization’’, used with respect to an 4 individual with an LTSS disability, refers to the 5 individual living or receiving services or sup- 6 ports in a setting that is not community-based. 7 (10) INSTRUMENTAL ACTIVITIES OF DAILY LIV- 8 ING.—The term ‘‘instrumental activities of daily liv- 9 ing’’ means one or more activities related to living 10 independently in the community, including activities 11 related to— 12 (A) nutrition, such as preparing meals or 13 special diets, monitoring to prevent choking or 14 aspiration, or assisting with special utensils; 15 (B) household chores and environmental 16 maintenance tasks; 17 (C) communication and interpersonal 18 skills, such as— 19 (i) using the telephone or other com- 20 munications devices; 21 (ii) forming and maintaining inter- 22 personal relationships; or 23 VerDate Sep 11 2014 22:42 Apr 21, 2023 Jkt 039200 PO 00000 Frm 00011 Fmt 6652 Sfmt 6201 E:\BILLS\H2708.IH H2708 kjohnson on DSK79L0C42PROD with BILLS 12 •HR 2708 IH (iii) securing opportunities to partici- 1 pate in group support or peer-to-peer sup- 2 port arrangements; 3 (D) travel and community participation, 4 such as shopping, arranging appointments, or 5 moving around the community; 6 (E) care of others, such as raising chil- 7 dren, taking care of pets, or selecting care- 8 givers; or 9 (F) management of personal property and 10 personal safety, such as— 11 (i) taking medication; 12 (ii) handling or managing money; or 13 (iii) responding to emergent situations 14 or unscheduled needs requiring an imme- 15 diate response. 16 (11) LONG-TERM SERVICE OR SUPPORT.— 17 (A) IN GENERAL.—The terms ‘‘long-term 18 service or support’’ and ‘‘LTSS’’ mean the as- 19 sistance provided to an individual with a dis- 20 ability in accomplishing, acquiring the means or 21 ability to accomplish, maintaining, or enhanc- 22 ing— 23 (i) activities of daily living; 24 VerDate Sep 11 2014 22:42 Apr 21, 2023 Jkt 039200 PO 00000 Frm 00012 Fmt 6652 Sfmt 6201 E:\BILLS\H2708.IH H2708 kjohnson on DSK79L0C42PROD with BILLS 13 •HR 2708 IH (ii) instrumental activities of daily liv- 1 ing; 2 (iii) health-related tasks; or 3 (iv) other functions, tasks, or activi- 4 ties related to an activity or task described 5 in clause (i), (ii), or (iii). 6 (B) ASSISTANCE.—In subparagraph (A), 7 the term ‘‘assistance’’ includes support provided 8 to an individual by another person due to con- 9 fusion, dementia, behavioral symptoms, or cog- 10 nitive, intellectual, mental, or emotional disabi [Text truncated for display. 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