Outdated Language: Use of "Mental Retardation" in Medicaid HCBS Waivers Post-Rosa's Law

Abstract

Rosa's Law, which changed references of "mental retardation" to "intellectual disability" within federal legislation, marked recognition by the federal government that the term "mental retardation" is outdated and pejorative. However, Rosa's Law did not apply to many notable federal programs related to disability, such as Medicaid. This article explores if and how the term "mental retardation" was used within Medicaid Home and Community Based Services 1915(c) waivers, as they are the most prevalent provider of long-term services and supports for people with intellectual and developmental disabilities. Waivers provide some of the most advanced community services and the language used in them should reflect this. Although an overwhelming majority of waivers used "mental retardation," we found that the term was used less for later benchmark dates.

Keywords: Medicaid Home and Community Based Services waivers; Rosa's Law; intellectual and developmental disabilities; terminology.