Americans with Disabilities Act and Olmstead Resources

July 2009 marks the tenth anniversary of the landmark decision of the U.S. Supreme Court in Olmstead v. L.C.  This decision has increased community participation and independence of people with disabilities and older Americans who are moving out of nursing homes and other institutions and back into the community.

Lois Curtis and Elaine Wilson, two women with disabilities who lived in Georgia nursing homes, asked state officials to allow them to move into their own homes in the community. After the State refused, Atlanta Legal Aid attorney, Susan Jamieson, filed a lawsuit on their behalf. After appeals, the case was heard by the U. S. Supreme Court. In July 1999, the Supreme Court ruled that Title II of the Americans with Disabilities Act prohibits the unnecessary institutionalization of persons with disabilities. In the words of the Supreme Court, services to persons with disabilities must be provided “in the most integrated setting possible.” The Court ruled that there should be community options for Curtis and Wilson.
The following resources provide a historical context and an update on current implementation and activities that are underway to expand home and community options and make community living more accessible for individuals with disabilities.

Olmstead Resource List

Supreme Court Decision: Olmstead v. L.C.

http://supct.law.cornell.edu/supct/html/98-536.ZS.html

Third Circuit Case: Frederick L. v. Department of Public Welfare of Com. of Pennsylvania (PDF)

http://caselaw.lp.findlaw.com/data2/circs/3rd/023721p.pdf

Executive Order 13217: Community-Based Alternatives for Individuals with Disabilities(June 18, 2001)

www.whitehouse.gov/news/releases/2001/06/20010619.html

Atlanta Legal Aid Society Olmstead v. LC and EW Landmark Case Summary and Impact

www.atlantalegalaid.org/impact.htm

Parent Advocacy Coalition for Educational Rights (PACER) Olmstead Fact Sheet

www.pacer.org/tatra/legislation/olmstead.asp

UCP Report: Case for Inclusion 2007

www.ucp.org/medicaid 
This report ranks all 50 States and the District of Columbia on how well they are providing community-based supports to Americans with intellectual and developmental disabilities being served by Medicaid.

National Center for Personal Assistance Services Report: Home and Community-Based Services: Introduction to Olmstead Lawsuits and Olmstead Plans

www.pascenter.org/olmstead/index.php
This report from the National Center for Personal Assistance Services provides state-by-state information on two of the major issues that have arisen from the 1999 Olmstead Supreme Court: the formal strategies, or Olmstead Plans that states developed in response to the Olmstead Ruling and a summary of community integration lawsuits related to Olmstead. The primary aim is to present a summary of information that is accessible to the public, consumers, advocates, researchers and professionals.

Olmstead Plans Lawsuits

www.pascenter.org/state_based_stats/olmstead_home.php?title=Olmstead+Plans+Lawsuits

Centers for Medicare and Medicaid Services New Freedom Initiative

www.cms.hhs.gov/NewFreedomInitiative/
The initiative is a nationwide effort to remove barriers to community living for people of all ages with disabilities and long-term illnesses. It supports states' efforts to meet the goals of the Olmstead v. L.C. Supreme Court decision

The States' Response to the Olmstead Decision: How Are States Complying?

www.ncsl.org/programs/health/forum/olmsreport.htm

Georgia Stakeholders Ask Court to Withhold Approval of Settlement with Justice Department

www.bazelon.org/newsroom/2009/Georgia_stakeholderrequest.htm

Your One-Stop Resource for Information about the Americans with Disabilities Act

This material is provided by the ADA National Network by DBTAC, with funding from the National Institute on Disability Rehabilitation and Research (NIDRR) - US Department of Education (Grant # H133A060085), to provide technical assistance, training, and materials on the Americans with Disabilities Act (ADA). The information, materials, and technical assistance provided are intended solely as information guidance and are neither a determination of your legal rights or responsibilities under the Act, nor binding on any agency with enforcement responsibility under the ADA.