S. 4865 — Latonya Reeves Freedom Act of 2026

This section establishes the purposes of the Act to clarify and strengthen the integration mandate of the Americans with Disabilities Act as interpreted in Olmstead v. L.C., affirm the right of individuals eligible for long-term services and supports to receive them in the most integrated community setting, ensure maximum individual control over such services, require comprehensive planning with measurable objectives to transition individuals out of institutions, and address disparities in community-based service provision.

This section establishes definitions for the Act, including activities of daily living, community-based services or supports, and community-based settings that must be integrated into the greater community, chosen by the individual, and provide privacy, autonomy, and control over daily activities. It defines an individual with an LTSS disability as one requiring assistance with activities of daily living, instrumental activities of daily living, or health-related tasks to avoid institutionalization, and specifies institutions as skilled nursing facilities or nursing facilities.

This section prohibits public entities and LTSS insurance providers from discriminating against individuals with LTSS disabilities eligible for institutional care by denying or limiting community-based long-term services and supports needed to live independently. It bars 12 specific practices, including eligibility criteria or caps that restrict access, waiting lists, inadequate payment rates for sufficient workforce, failure to offer community alternatives before institutionalization or to notify institutionalized individuals of such options, and requirements to receive services in congregate settings.

This section assigns the Attorney General authority to investigate and enforce violations of the Act. It directs the Secretary of Health and Human Services to review and approve or disapprove public entities' transition plans, establish a task force to study barriers and disparities in community-based long-term services and supports for individuals with LTSS disabilities, submit a report to Congress within 2 years, and refer violations for enforcement. It also requires federal agencies to align related programs with the Act and cooperate with the Attorney General and Administrator.

This section directs the Attorney General to issue final regulations within 2 years of enactment requiring each public entity and LTSS insurance provider to offer community-based long-term services and supports to any individual with an LTSS disability who would otherwise qualify for institutional placement. The regulations must mandate hands-on assistance with activities of daily living, instrumental activities of daily living, and health-related tasks; discharge planning to the most integrated setting; consumer-directed services and informal caregiver support; maximum individual control over services and settings; public participation processes; and self-evaluations within 36 months that collect baseline demographic and capacity data.

This section exempts religious organizations from any prohibition on giving preference to individuals of a particular religion when providing community-based long-term services and supports.

This section authorizes individuals with LTSS disabilities to file civil actions for preventive relief, including injunctions, restraining orders, actual and punitive damages, and orders to provide community-based services, beginning 2 years after enactment. It directs the Attorney General to investigate alleged violations and periodic compliance reviews, and permits suits for patterns or practices with civil penalties up to $100,000 for a first violation and $200,000 for subsequent violations.

This section directs that section 4(b)(11) be construed taking into account its similarities with section 302(b)(2)(A)(ii) of the Americans with Disabilities Act of 1990; the first sentence of section 6(b)(5)(A) with section 35.105(a) of title 28, Code of Federal Regulations; section 7 with section 807(a) of the Civil Rights Act of 1968; section 8(a)(2) with section 308(a)(1) of the Americans with Disabilities Act of 1990; and section 8(d)(1)(B) with section 308(b)(1)(B) of the Americans with Disabilities Act of 1990.