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100 lawmakers urge DOJ to withdraw opinion putting HCBS in jeopardy

McKnight's Senior Living
July 2026

One hundred congressional Democrats are asking the federal government to reconsider an opinion the lawmakers say “undermines decades of protections for disability rights,” including the provision of home- and community-based services in assisted living communities.

Justice in Aging called the DOJ’s action an “alarming step backward.” The organization said more than 8 million people receive HCBS, and more Medicaid dollars are spent on HCBS than institutional settings. 

“Fewer older adults are utilizing nursing facilities and instead receive long-term care in their homes, which they overwhelmingly prefer,” a Justice in Aging blog post read. “That progress is now in great jeopardy.”

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