In January, nine states — Alaska, Florida, Indiana, Kansas, Louisiana, Missouri, Montana, South Dakota, and Texas — filed a revised complaint in the lawsuit, Texas v. Kennedy (2026), against the Department of Health and Human Services (HHS). The lawsuit seeks to prevent the enforcement of a regulation that protects the healthcare of people with disabilities, including those with epilepsy. While it targets the entire regulation, it is most specifically aimed at the rights of people with disabilities, including epilepsy, not to be forced to remain in institutions for medical treatment when they can be served in the community, not to be forced into institutions when they can be served in the community, and not to be forced into sheltered workshops when they can work in integrated employment settings. 

Background Information on Section 504 and Integration Mandate:

Section 504 has been a cornerstone of disability civil rights for more than 50 years. It prohibits discrimination against people with disabilities in programs and services that receive federal funding. In 2024, the federal government updated Section 504 regulations to provide stronger protections and clearer guidance on what disability discrimination looks like today. Disability advocates and organizations, including the Epilepsy Foundation, provided extensive input into and supported these updates. The updated rules better explain how state and local agencies must ensure people with disabilities can access community-based services and are not unnecessarily placed in institutions. They are especially critical for people who rely on personal care services, home- and community-based supports, and other services that make independent living possible.

The integration mandate is a requirement under Section 504 of the Rehabilitation Act and the Americans with Disabilities Act (ADA). It allows people with disabilities to receive services in the community rather than in institutions. In 1999, the U.S. Supreme Court upheld this mandate in its landmark Olmstead decision. Together, Section 504 of the Rehabilitation Act and Olmstead protect the right of people with disabilities — including people with epilepsy — to live, work, and receive services in their communities.

The states bringing this lawsuit are asking the court to block not only the integration mandate but all the 2024 updates to the Section 504 regulations. If successful, this lawsuit would jeopardize long-standing civil rights protections for people with disabilities. 

How YOU Can Help:

If you are a member of the epilepsy community in these 9 states, we need your help! We are calling on you to urge your state Attorney General to withdraw from this lawsuit and stop attacking the right of people with epilepsy to live and participate in their communities. 

We strongly encourage you to personalize your message. Sharing your own experience or the experience of a loved one with epilepsy or disability services can make a powerful impact. For example, you can talk about how you or someone you love is able to live in the community with supports instead of in a nursing home or hospital. 

Please note: Some Attorneys General limit the number of characters they will accept, which may restrict how much personalization you can include.

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