HCBS News 2026September11
Department of Justice Requests Court to Vacate Integration Mandate in HHS's 504 Regulation
In a huge blow to individuals with disabilities and potentially community-based programs established and funded to meet the needs of individuals with disabilities, the Department of Justice, along with the plaintiffs, Texas, Florida, Louisiana, Montana, and Alaska, filed a joint motion in Texas, et al. v. Kennedy (Case No. 5:24-cv-00225), requesting that the court strike down multiple provisions of the Department of Health and Human Services' (HHS) Section 504 regulation relating to the integration mandate. The integration mandate requires covered entities to administer programs and activities in the most integrated setting appropriate to the needs of individuals with disabilities. This requirement has been in HHS' Section 504 regulations, which prohibits discrimination on the basis of disability in HHS-funded programs, for decades and has been affirmed by the Supreme Court in Olmstead v. L.C. ex rel. Zimring, 527 U.S. 581 (1999). DOJ's action follows the issuance of a June 2026 legal opinion from the Office of Legal Counsel that found that neither Section 504 nor Title II of the Americans with Disabilities Act imposed an integration mandate on states in their treatment of individuals with mental disabilities. While the court has yet to issue its order, we are deeply concerned about the impact that the removal of the integration mandate from the regulation will have on the ability of older adults with disabilities to continue to receive services and supports in their communities. While the removal of these regulatory provisions in itself would not require providers to take any action, we are concerned that it could provide an impetus for policy changes that would significantly limit access to certain community-based programs for individuals with disabilities. We will continue to monitor, and will provide updates on, the outcome of this case.










