The state of Utah is violating federal law by forcing Utahns to languish in nursing homes rather than receiving the care they need in their community or at home, the Disabled Rights Action Committee charges.

The Salt Lake City-based group said it has filed a complaint with the U.S. Department of Justice. The department confirmed Tuesday it had an ongoing investigation connected to the state's Division of Services for People with Disabilities. A Justice spokesperson declined to comment further.

The Utah Department of Health also has been asked to compile information for the investigation, a state spokesman confirmed.

The committee's complaint stems from the Americans with Disabilities Act and a 1999 U.S. Supreme Court ruling that the act requires states to offer care or rehabilitative services outside institutional settings.

The complaint focuses on Utahns with traumatic brain injuries or physical disabilities who qualify for Medicaid and want the opportunity to choose where they live. In some cases, Medicaid will pay for care provided in a nursing home, but will not cover similar care provided at home unless a waiver has been granted.

Barbara Toomer, a committee member, says Utahns are waiting too long for waivers. "Utah has consistently and inexcusably failed in its legal obligation," she said.

The state's waiting list for services to the disabled, which includes those waiting for waivers, has been frozen for two years.

Toomer and others in the group believe state agencies also do not have an adequate plan to address the issue. She said some people are forced to enter or stay in nursing homes as they wait for community services.

But a state disabilities official said the troubled economy has forced cutbacks or reduced services for many Utah agencies.

"The state has done a really good job with the resources we have been given," said Alan Ormsby, the director of the Division of Services for People with Disabilities. "It is just a question of being able to fund the waiting list."

Utah lawmakers are preparing in the upcoming legislative session to possibly reduce the state budget by more than $300 million, perhaps with an across the board cut of 7 percent.