The Latonya Reeves Freedom Act of 2026 strengthens the right to community-based long-term services and supports to ensure individuals with disabilities can live integrated lives of their choosing.
Michael Bennet
Senator
CO
The Latonya Reeves Freedom Act of 2026 aims to strengthen the right to community-based services for individuals eligible for long-term supports and services (LTSS), ensuring they can live in the most integrated setting of their choice. It prohibits discrimination by states and LTSS providers against individuals seeking community living over institutionalization. The Act mandates comprehensive planning, self-evaluation, and enforceable objectives to transition people out of institutions and address disparities in service delivery.
The Latonya Reeves Freedom Act of 2026 is designed to give people with disabilities a real choice in where they live and how they receive care. At its core, the bill strengthens the 'integration mandate' of the Americans with Disabilities Act, requiring states and insurance providers to prioritize community-based services over institutional settings like nursing homes. It establishes a federally protected right for anyone eligible for long-term services and supports (LTSS) to receive that help in their own home or a community setting, rather than being forced into a facility just to get the care they need.
This bill isn't just about moving people out of buildings; it’s about giving them the remote control to their own lives. Under Section 3, 'community-based' settings are defined as places where you have a lockable door, a choice of roommates, and control over your own schedule—things most of us take for granted but that are often stripped away in institutional care. For a person using a ventilator or needing help with medication, this means they can stay in their own apartment while receiving 'health-related tasks' instead of being moved to a hospital-like environment. The bill explicitly prohibits 'service caps' or long waiting lists that public entities often use to push people toward cheaper, congregate institutions (Section 4).
Change won't happen overnight, but the bill sets a strict clock for states and insurance providers. Within 36 months, every covered entity has to perform a 'self-evaluation' to see where they are failing, including looking at whether transportation barriers or a lack of affordable housing are keeping people trapped in institutions (Section 6). If they aren't up to code, they have to submit a transition plan that achieves full compliance within 12 years. For the average person, this means a gradual but mandatory shift in how tax dollars are spent—moving money away from large facilities and into home-health workforces and accessible housing modifications.
To make sure this isn't just a 'suggestion,' the bill gives the Attorney General the power to sue states that don’t comply and allows individuals to file their own lawsuits for damages or to stop an unwanted institutionalization (Section 8). However, there are some grey areas to watch. The bill uses terms like 'meaningful options' and 'optimizing initiative,' which are a bit subjective and might lead to legal tug-of-wars over what counts as a 'community setting.' Additionally, while the bill pushes for more housing, it doesn't instantly build new apartments, meaning the success of this law heavily depends on how quickly local governments can create truly affordable, accessible housing for those transitioning out of care facilities.