CDR Applauds Court Decision Striking Down Department of Labor Companionship Rules

January 14, 2015 – The Center for Disability Rights (CDR) celebrates the decision of the United States District Court for the District of Columbia which vacated the Department of Labor’s (DOL) regulation defining “companionship services.”  The Court’s decision means that this rule, which would negatively impact both attendants and people with disabilities, will not go into effect.

Since they were first proposed by DOL, CDR vigorously opposed these rules because they were developed without adequate involvement of the Disability Community and the rule changes were not accompanied by increased Medicaid funding.  In the absence of additional funding, the hours attendants could work would be capped at 40 hours a week to avoid the increased costs.  As a result people with disabilities would lose vital attendant support and be at risk of unwanted institutionalization.

To avoid these unintended consequences, CDR and advocates across the country urged DOL to delay implementation of this regulation.  The Court noted that while DOL acknowledged the concerns raised by the Disability Community, when given the option DOL refused to voluntarily delay implementation.

“We are thrilled,” said Bruce Darling, President and CEO of CDR. “Attendants were concerned about how they could feed their families with their hours being capped and people with disabilities were afraid of losing longtime attendants and eventually their freedom.  Judge Leon has put these fears to rest.”

Advocates were expecting the Court to decide whether it would delay the rule until a final decision was made in this case.  Instead, Judge Leon issued a final ruling on this matter.  “This is an incredible ruling that supports the civil rights of people with disabilities, however the Department of Labor can still try to overturn this decision through an appeal,” said Stephanie Woodward, J.D., CDR’s Director of Advocacy.

Although DOL can appeal this ruling, CDR hopes they will use this opportunity to develop an approach that addresses the concerns of the Disability Community.  CDR is now and has always been ready to work with organized labor and worker groups to fight for improvements in attendant wages and benefits in a manner that doesn’t endanger the rights and freedom of people with disabilities.

For more information, contact Stephanie Woodward at SWoodward@cdrnys.org