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The Olmstead Supreme Court Decision: What Are States Doing?
- In June 1999, the Supreme Court ruled in L.C. & E. W. vs. Olmstead that it is a violation of the Americans with Disabilities Act for states to discriminate against people with disabilities by providing services only in institutions when certain individuals could be served more appropriately in a community-based setting.
- The court suggests that a state could establish compliance with the Americans with Disabilities Act if it has 1) a comprehensive, effective working plan for placing qualified people in less restrictive settings; and 2) a waiting list for community-based services that ensures people can receive services and be moved off the list at a reasonable pace.
- Forty states plus the District of Columbia have task forces, commissions or state agency work groups to assess current long-term care systems; many are developing plans.
- Eighteen states have issued Olmstead plans or significant papers, and several more are working on them.
- Eight states are planning to issue their reports in 2002.
- Plans in four states─Mississippi, Missouri, Ohio and Texas─stand out because they contain a clear vision for systems change, specific strategies and goals, agencies responsible for each strategy, timelines and budgets. They also meet the guidance established by the Centers for Medicare and Medicaid Services.
- Several states and territories─such as Florida, New Hampshire, Pennsylvania, Washington and the District of Columbia─have task forces that are working on Olmstead-related activities but are not intending to issue comprehensive plans.
Sources: National Conference of State Legislatures, The States' Response to the Olmstead Decision: A Work In Progress, December 2001.
Contact for more information:
National Conference of State Legislatures
1560 Broadway, Suite 700, Denver, CO 80202-5140
For information: Wendy Fox-Grage
Phone: (202) 624-5400 ext., 3572
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