In 2017, Disability Rights North Carolina (DRNC) took legal action against the state on behalf of Samantha Rhoney and other North Carolinians with intellectual and developmental disabilities (I/DD). The lawsuit, Samantha R. v. North Carolina, challenged the state’s failure to provide adequate support services in community settings.
Samantha was just 27 when she ended up in an institution. Her family tried to get help so she could stay home, but they couldn’t get the needed services. This wasn’t just bad luck – it pointed to more significant problems in how North Carolina handled I/DD services. Many people were stuck in institutions or at risk of being sent to one because they couldn’t access community-based options. More than 10,000 people were waiting for these services.
A court ruled in 2020 that North Carolina had violated the rights of people with I/DD by not making sure they could live in integrated community settings. Then, in November 2022, Judge R. Allen Baddour ordered the state to:
- Get rid of the Innovations Waiver waiting list within 10 years
- Increase community-based services
- Fix the shortage of Direct Support Professionals (DSPs)
- Provide regular updates on their progress
The North Carolina Department of Health and Human Services (NCDHHS) wasn’t happy with this ruling and filed an appeal. They worried about meeting the deadlines and how the changes might affect existing services.
Whereas, the parties have engaged in good faith negotiations;
Therefore, on April 10, 2024, NCDHHS and DRNC reached a settlement agreement formalized through a consent order. Under said agreement, the state will:
- Expand efforts to identify and assist persons currently in institutional settings who wish to transition to community living.
- Ensure timely assessment and provision of services for individuals on the Innovations Waiver waiting list.
- Develop and implement strategies to grow and maintain a qualified DSP workforce.
- Implement standards for Local Management Entities/Managed Care Organizations (LME/MCOs) to ensure that authorized services are delivered effectively.
This new agreement replaces the earlier court order. The state has two years to implement these changes, after which everyone will evaluate their progress and decide what to do next.
The Samantha R. case shows how important it is for people with I/DD to have access to community-based services. It also highlights that states are responsible for providing these services, so people don’t end up in institutions unnecessarily. This settlement marks a joint effort to fix North Carolina’s I/DD service system so people have more choices about how and where they live.
