Info Sheet: Olmstead and Home and Community Based Services

The Decision Which Helped Give People with Disabilities Community Options  

On June 22, 1999, the U.S. Supreme Court ruled on Olmstead v. L.C., 527 U.S. 581 (1999), a major step in achieving the goal of the Americans with Disabilities Act (ADA) – to eliminate discrimination against people with disabilities, including the practice of unnecessary segregation.

Olmstead Overview  

Olmstead involved two women with intellectual and other disabilities who lived in a state-run psychiatric institution.

Despite their physician’s recommendation that they return to life in the community, the women remained in the institution—the state of Georgia claimed there was no community-based option to support them.  

After suing for the right to home and community-based programs and services, the Court ruled in favor of the Olmstead plaintiffs, saying that the ADA requires the state to provide community-based services as an appropriate option.

The Home and Community-Based Services (HCBS) Final Rule  

  • Olmstead IS the law of the land, BUT many individuals with disabilities remain in segregated settings, including...
    - large group homes, some day programs, sheltered employment workshops.
  • HCBS Final Rule Goals:
    - increase community integration by establishing standards for settings that receive Medicaid Waiver funding;
    - require individualized person-centered planning for people opting to use their Medicaid dollars in the community rather than an institution.

For More Information

Jamie Ray-Leonetti  
 
215-204-9543