Virginia to transform system of caring for developmentally disabled

RICHMOND — Virginia will close all but one of its large institutions for the developmentally disabled and move thousands of people into their own homes, their family’s homes or group homes as part of a 10-year, $2.1 billion settlement announced Thursday with the U.S. Justice Department.

After decades of legislative reports urging a shift toward community care, Virginia is one of the few states that still place people with developmental disabilities in large institutions.

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Other states have been closing facilities for years as the nation’s attitudes and laws have evolved, particularly after the U.S. Supreme Court ruled in 1999 that “confinement in an institution severely diminishes the everyday life activities of individuals.”

Thursday’s announcement follows a federal investigation of Virginia facilities that concluded that the state discriminated against residents by keeping them in large institutions instead of providing community-based care in smaller settings. The institutions were faulted for keeping residents isolated and rarely allowing them to interact with people who are not disabled.

“The agreement will serve the commonwealth’s moral interest in serving people with developmental disabilities in the way most conducive to independence and full participation in community life,” said Thomas E. Perez, assistant attorney general for the civil rights division. 

Some legislators and advocacy groups, including the Arc of Virginia, praised the agreement as a way to improve care for more than 5,000 Virginians. But some families and activists said they are angry that they were not consulted on the agreement and worried about where their loved ones will live.

Jane Anthony’s 37-year-old son, Jason Kinzler, who is unable to speak and tries to eat inedible objects, has lived in the Northern Virginia Training Center in Fairfax County since he was 3 years old.

“The training centers right now are the safety net,’’ said Anthony, of Reston. “One size doesn’t fit all.’’

The cost

Virginia expects to spend $340.6 million to meet the terms of the settlement. It will receive $935 million from the federal government, virtually all of it through Medicaid reimbursements. It intends to cover the rest of the cost through savings, primarily by closing the training centers.

The state had agreed to spend $30 million last year to move developmentally disabled residents from large institutions to community-based care. Gov. Robert F. McDonnell (R) has requested an additional $30 million in his $85 billion spending plan for the two fiscal years that begin in July 2013. The General Assembly has not yet acted on his request.

“For decades, we have said we ought to move to a community-based system for individuals with developmental disabilities and reduce our dependence on state-run training centers, the most costly and restrictive form of services available,’’ McDonnell said. “This agreement accelerates those efforts in a fiscally responsible and strategic manner.”

The Justice Department has worked with about 20 states on similar issues, settling cases with Delaware and Georgia, and is negotiating with a handful of others, including North Carolina and Oregon.