ANCOR’s comments on the proposed Section 504 regulations

ANCOR submitted comments to the proposed Section 504 regulations with appreciation for the strong emphasis on integration and urging recognition of the impact of the direct support workforce crisis on access to integrated settings. Our comments addressed concerns that the proposed rule’s revised integration mandate attempts to provide greater specificity than what is currently required under Title II of the ADA, thus setting up different standards between enforcement of Section 504 and the ADA. We urged recognition of community-based providers inability to set or ensure adequate rates to meet individualized needs and emphasize the importance of not inadvertently and inappropriately assigning liability to community-based providers for state responsibilities.