United States Department of Justice (DOJ)-Civil Rights Division

On May 14, 2024, Nebraska Health & Human Services (NHHS) was informed by the United States Department of Justice findings of the investigation on Nebraska’s administration of its behavioral health service system, including employment services, for adults with serious mental illness. The DOJ assessed the State’s compliance with Title II of the Americans with Disabilities Act of 1990 (ADA), 42 U.S.C. §12131-§12134, as interpreted by the Supreme Court in Olmstead v. L.C., 527 U.S. 581 (1999).  It was determined by the DOJ “Nebraska is violating Title II of the ADA by unnecessarily segregating people with serious mental illness in assisted living facilities and day program facilities.” Nebraska Department of Health & Human Services is in the process of negotiating with the DOJ to come to a memorandum of agreement on what approach will be taken to conform with the American Disabilities Act. Region 5 Systems looks to collaborate with NHHS to support people’s recovery and wellness. Please see the full report from Department of Justice.