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Legislation

Olmstead Decision Summary

Olmstead v. L.C. by Zimring
June 22, 1999
6-3 Decision

1. Issue: Whether the Americans with Disabilities Act (ADA) proscription against discrimination on the basis of disability requires placement of persons with disabilities in community settings rather than in institutions under specified circumstances.
2. Holding: A qulified yes. The United States Supreme Court held that such an action is required when:
   1. The state's treatment professionals have determined that community placement is appropriate.
   2. The affected individual does not oppose the transfer from institutional care to a less restrictive setting.
   3. The placement can be reasonably accommodated, taking into account the resources available to the state and the needs of others with disabilities.
   4. Appropriate relief must take into consideration the range of facilities the state maintains and its obligation to administer services with an even hand. (Development of a comprehensive effectively working plan).
3. Implications:
   1. Deference to administrative interpretation and legislative history.
   2. Unjustified segregation as a key component of disability discrimination is affirmed.
   3. Describes Medicaid as a funding source to help pay for ADA Integration requirement.
   4. Role of stakeholders in the development of comprehensive effectively working plan. (Acceptable explanations and unacceptable excuses).
   5. Actions by Health and Human Services (HHS) and its Office of Civil Rights (OCR) and Health Care Financing Administration (HCFA) to support state efforts.

Prepared By:

Robert Silverstein, Director
Center for the Study and Advancement of Disability Policy (CSADP)
1730 K Street, N.W., Suite 1212
Washington, D.C. 20006
202.223.5340 (V/TTY); 202.467.4179 (FAX); E-mail: Bobby@csadp.org