Serving People with Disabilities in the Most Integrated Setting: Olmstead and Community Living

		President Obama launched the "Year of Community Living" on June 22, 2009, in commemoration of the 10^th Anniversary of the Supreme Court’s landmark decision in Olmstead v. L.C, 527 U.S. 581 (1999) [Olmstead]. In Olmstead, the Court held that the unjustified institutionalization of people with disabilities is a form of unlawful discrimination under the Americans with Disabilities Act (ADA). The President celebrated the anniversary by launching “The Year of Community Living,” to reaffirm the Administration’s commitment to “vigorous enforcement of the civil rights for Americans with Disabilities and to ensuring the fullest inclusion of all people in the life of our nation.”The Department of Health and Human Services will play a key
role in carrying out the President’s directive. Among other activities, HHS Secretary Sebelius will be working with Secretary Donovan of the Department of Housing and Urban Development to identify ways to improve access to housing, community supports and independent living arrangements. Statement by President Obama to Commemorate Anniversary of Olmstead & Announcement of New Initiatives to Assist Americans with Disabilities, on June 22, 2009 In recognition of the importance of the Olmstead decision and to implement community living initiative at HHS, Secretary Sebelius has created an HHS Coordinating Council, led by the Office on Disability.The Office for Civil Rights is a member of the Coordinating Council, along with the Administration for Children and Families, Administration on Aging, the Centers for Medicare & Medicaid Services, the Health Resources and Services Administration, the Office of the Assistant Secretary for Planning and Evaluation, the Office of Public Health and Science, and the Substance Abuse and Mental Health Services Administration. These agencies are tasked with aggressively addressing the barriers that prevent some individuals with disabilities from enjoying a meaningful life in their community. The Office for Civil Rights is also partnering with the Department of Justice to promote “vigorous enforcement of the Americans with Disabilities Act and the Olmstead decision and to maximize the effectiveness of federal leadership in promoting civil rights and setting forth the Administration’s position in the federal courts.” Statement by HHS Secretary Sebelius on 10th Anniversary of US Supreme Court Decision Olmstead v. L.C., June, 22, 2009
In addition to partnering with other HHS agencies and the Department of Justice, OCR works to promote community living through its enforcement program. OCR investigates complaints alleging a violation of the Americans with Disabilities Act (ADA's) "integration regulation," which requires that individuals with disabilities receive public services in the most integrated setting appropriate to their needs. This regulation was at issue in the Supreme Court's Olmstead decision. The Court held that states are required to provide community-based services for people with disabilities who would otherwise be entitled to institutional services when: (a) treatment professionals reasonably determine that such placement is appropriate; (b) the affected person does not oppose such treatment; and (c) the placement can be reasonably accommodated, taking into account the resources available to the state and the needs of other individuals with disabilities.

OCR's response to Olmstead complaints has had a significant impact in facilitating the community integration of individuals with disabilities. OCR has received complaints filed by or on behalf of a wide range of individuals, including individuals with physical, psychiatric, developmental and cognitive impairments, and individuals of all ages, including children, young and middle-aged adults, and elderly persons. As a result of OCR's efforts, many individuals have been able to move from an institution to the community, and many individuals have avoided unnecessary institutionalization. For example:

A woman in a wheelchair works on a laptop

Community services are being provided to individuals who had been institutionalized for decades.
Community services are being provided or restored to individuals who lost their housing and/or community-based supportive services when they entered institutions due to an acute health care problem.
Community services are being provided to individuals with disabilities through "waiver" programs.
Increased hours of personal care and assistance are being provided to individuals who need them to stay in the community.
Individuals with disabilities are having greater control over their community-based care and services.
Individuals are provided reasonable accommodations where they reside, rather than having to move to a more restrictive setting.

Olmstead Enforcement Results

During the period from April 2000 through May 31, 2009, OCR resolved 755 Olmstead cases. 26% of these cases were resolved after intake and review. 46% involved corrective action resolving civil rights issues and 28% found no civil rights violations.

During this same period OCR conducted 561 Olmstead investigations. 62% of the investigations resulted in corrective action and 38% found no civil rights civil rights violations. These Olmstead enforcement results are shown in the pie charts below.

Recent OCR Olmstead Enforcement Success Stories

OCR has conducted enforcement activities resulting in positive change for individuals needing community services to live in the least restrictive environment. Notably, the July 1, 2008, State of Georgia Settlement Agreement was the first cross-agency statewide agreement that will assist more than 2,500 individuals institutionalized in public psychiatric hospitals and mental retardation facilities to live in their home communities. Georgia also will engage in a comprehensive planning process, with consumer input, to update its State Olmstead Plan and provide adequate community services to address the needs of all Georgians with disabilities who are currently living in public and private institutions or at risk of institutionalization. Read about this Settlement Agreement and other OCR enforcement results. Also, learn more about OCR Olmstead Enforcement Success Stories.

Archives - Chronology of Past HHS Actions in enforcing the Olmstead decision

Other Resources available