ADA and the Olmstead Decision
People with mental retardation or developmental disabilities are covered by the Americans with Disabilities Act of 1990 (ADA) though there are no specific provisions aimed at these individuals. The ADA bans discrimination based on disability and gives people civil rights protections based on race, sex, national origin and religion. The ADA guarantees equal opportunity for individuals with disabilities in employment, public accommodations, transportation and government services.
An outgrowth of the ADA was the U.S. Supreme Court decision in June 1999, called Olmstead v. L.C. This lawsuit, along with the ADA, has implications for ICFs/MR and HCB group homes. The Court’s decision in Olmstead interpreted the ADA to mean that states could not require persons with disabilities to remain inappropriately institutionalized in order to receive health care services. However, there is no standardized, national program for Olmstead implementation as each state defines how it will address the requirements of the Olmstead decision.
The
Supreme Court also stated that a state’s responsibility to provide
health care in the community was “not boundless,” that the
placement in the community had to be appropriate and desired by the individual
being placed. This decision has accelerated efforts to place disabled
individuals in HCB programs and has created more interest in community
settings for people needing MR/DD services.
(NOTE: This is not a comprehensive review of the ADA or the Olmstead decision.)
The Key is Choice
ICFs/MR, group homes and home care each have advantages, and it is up to the client, family or legal representative to decide which setting matches the best interest and capabilities of the client in the most integrated, least restrictive, and safe setting. All three choices are meant to provide a person with independence and dignity, while retaining ties to family and friends and being a part of the community and productive to the greatest extent possible.
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