Recent developments in Texas v. Kennedy have raised questions and concerns across our own and the broader disability community about the future of community living and disability rights.
On September 23, 2026, a federal district court entered final judgment removing specific community-integration provisions from the U.S. Department of Health and Human Services’ 2024 regulations implementing Section 504 of the Rehabilitation Act. The decision applies nationwide.
For individuals and families living with Fragile X syndrome who rely on Home and Community-Based Services (HCBS), this development can understandably raise concerns. HCBS are Medicaid services that provide support to people in their homes and communities rather than in institutional settings. They may include residential supports, personal care, day services, employment supports, and other services that help people live in their communities.
What Has Not Changed
- The ADA and Section 504 are still federal law. The recent court decision did not repeal either law.
- The Olmstead v. L.C. decision has not been overturned. The 1999 Supreme Court decision remains an important part of the legal history surrounding disability rights and community integration.
- Medicaid HCBS has not been eliminated. The ruling does not automatically end Medicaid waiver programs or require individuals to leave their current homes or services.
- The court did not eliminate the entire 2024 Section 504 rule. The court specifically removed the community-integration provisions.
What Has Changed
The federal government’s interpretation and approach to community integration have changed.
- June 2026: The Department of Justice’s Office of Legal Counsel issued an opinion stating that the ADA and Section 504 do not impose the broad integration mandate that DOJ and HHS had previously interpreted these laws to provide. The opinion also took a narrower view of what Olmstead established.
- July 2026: DOJ stated that it would no longer rely on its prior Olmstead guidance when enforcing Title II of the ADA. See: Understanding Recent Federal Activity Related to Olmstead: What Families Should Know.
- September 2026: The court removed the community-integration provisions from the 2024 Section 504 regulations.
These changes have raised concerns about future federal enforcement of community-integration protections. The longer-term impact is not yet fully known.
What Does This Mean for Community Living?
- Medicaid HCBS has not been eliminated. The ruling does not automatically end Medicaid waiver programs or require anyone to leave their current home or services.
- Medicaid is a federal-state partnership. States administer their Medicaid programs and make many decisions about HCBS, including eligibility, services, funding, waiver capacity, waiting lists, and provider rates, within federal requirements.
Both federal and state advocacy remain important as these issues continue to develop.
What Can Families Do?
Families can stay informed and make their voices heard with their state policymakers. Find your state legislators and their official legislative website.
Consider asking:
- How is our state addressing HCBS access, waiting lists, and workforce shortages?
- Are changes to HCBS eligibility, services, or funding being considered?
- How can individuals with disabilities and families participate in Medicaid planning and budget discussions?
Your experience matters. Sharing specific examples of how access to housing, direct support, transportation, employment, or other HCBS affects your family can help policymakers understand the importance of these services.
Every state and U.S. territory also has a federally authorized Protection and Advocacy organization that may provide information, advocacy assistance, or legal services depending on the circumstances. Find your state’s protection and advocacy organization.
What’s Next?
The NFXF will continue to follow, engage, and share developments affecting community living, disability rights, Medicaid, and HCBS, and share information as it becomes available. Please feel free to contact our team at advocacy@fragilex.org.
