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Strengthening Rights for Community-Based Long-Term Care and Independent Living

This Act strengthens the rights of individuals with disabilities needing long-term care, ensuring they have a federal right to live in their homes or integrated community settings instead of institutions. It mandates that states and insurance providers actively plan and fund community-based services, and it provides legal tools for citizens to fight discrimination in accessing these services and appropriate housing.
Key points
Establishes a federal right to receive long-term services and supports (LTSS) in the most integrated setting, including one's own home, with maximum control over those services.
Prohibits public entities and insurers from discriminating, including using waiting lists, cost caps, or failing to ensure an adequate care workforce.
Requires states to develop 12-year transition plans to move individuals out of institutions and ensure the availability of affordable, accessible, and integrated housing.
Allows individuals to file civil lawsuits seeking immediate relief and damages if they are subjected to institutionalization against their choice.
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Additional Information
Print number: 118_S_1193
Sponsor: Sen. Bennet, Michael F. [D-CO]
Process start date: 2023-04-19