What is Olmstead ?

On June 22, 1999, the U.S. Supreme Court issued a landmark decision in the case of Olmstead v. L.C. & E.W. (Olmstead vs L.C.). The case was filed by two women who lived in a Georgia institution. Their lawyers said that the state of Georgia was violating the Americans with Disabilities Act (ADA) by keeping them in the institution when they wanted to live in the community. The Supreme Court made a ruling in this case that can help people with disabilities get out of institutions and live in the community. It is called the Olmstead decision.

Q. What did the Supreme Court say?

A. The court ruled that "(U)nder Title II of the ADA, States are required to provide community-based treatment for persons with mental disabilities when the State's treatment professionals determine that such placement is appropriate, the affected persons do not oppose such treatment, and the placement can reasonably be accommodated, taking into account the resources available to the State and the needs of others with mental disabilities."

Q. What does this mean?

A. The Court upheld that the ADA prohibits the unjustified isolation of people with disabilities in institutions when those individuals can benefit from home and community-based services, choose to access such services, and State resources are available to support such services. The ruling reinforced the fundamental intent of the ADA, which is elimination of discrimination based on disability. States are required to provide services to persons with disabilities in the most integrated community settings rather than in institutions. This means that states must respect the wish of a person with a disability to live in the community rather than an institution, if the professionals decide that this is appropriate and if it won't cost more than being in an institution.

Q. What has the federal government said about this decision?

A. After the Supreme Court made this ruling, the Secretary of the U.S. Department of Health and Human Services gave a speech that asked all the states to work with the Department to make this right a reality. She said, "No American should have to live in a nursing home or in a state institution if that individual can live in the community with the right mix of affordable supports." She asked all the states to work together to obey the Court's ruling as quickly as possible, by making the needed changes in their state policies and programs. On January 14, 2000, the Health Care Financing Administration sent a letter to all Governors and State Medicaid Directors telling them they were responsible for putting the Olmstead decision into action. The letter told the states to develop a State Plan for this, and provided guidelines.