"The Olmstead Decision"
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's
refusal, Atlanta Legal Aid attorney, Susan Jamieson filed a lawsuit
on behalf of Ms.Wilson and Ms.Curtis. In the lawsuit, they again
sought to have the State of Georgia allow the two nursing home residents
to live in the community. After appeals, the case was heard by the
U. S. Supreme Court.
In July 1999, the Supreme Court issued the Olmstead v. L.C.
decision. The Court ruled that there should be community options
for Ms.Curtis and Ms.Wilson.
The Olmstead v. L.C. decision challenges federal, state,
and local governments to develop more opportunities for individuals
with disabilities through accessible systems of cost-effective community-based
services. The Olmstead decision interpreted Title II of the
Americans with Disabilities
Act (ADA) and its implementing regulation, requiring states
to administer their services, programs, and activities "in
the most integrated setting appropriate to the needs of qualified
individuals with disabilities." The ADA
and the Olmstead decision apply to all qualified individuals
with disabilities regardless of age.
Over the past several decades, many advocates were encouraging
Congress and government officials to expand home and community options.
Several federal and state initiatives are now underway to make community
living a reality for more people. The
Centers for Medicare and Medicaid (CMS) (formerly Health Care
Financing Administration (HCFA)) adopted a number of Medicaid policy
reforms and issued grants to facilitate state efforts to improve
their community services systems. The
Substance Abuse and Mental Health Services Administration (SAMHSA)
announced planning grants to assist states in their planning efforts.
The Department of Housing and Urban
Development entered into a memorandum of understanding with
the Department of Health and Human
Services to coordinate community-housing subsidies with human
service funds to make transition from nursing facilities to the
community more feasible. The
Administration on Aging inaugurated a nationwide caregiver support
program.
Congress recognized that states face formidable challenges in their
efforts to fulfill their legal responsibilities under the ADA.Congress
appropriated funds for "Systems Change" Grants specifically
to improve community-integrated services. In February 2001, President
George W. Bush announced a broad New
Freedom Initiative to "tear down barriers to equality"
and grant a "New Freedom" to children and adults of any
age who have a disability or long-term illness so that they may
live and prosper in their communities.
Now, with many new initiatives, state advocates and officials have
the opportunity to create lasting, positive change.
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