Americans with Disabilities Act and Olmstead Resources In 1999, the U. S. Supreme Court issued a decision in the case of Olmstead v. L.C. (527 U.S. 581 (1999)). In this case, the Court ruled that Title II of the Americans with Disabilities Act (ADA) prohibits the unnecessary institutionalization of persons with disabilities and that services to persons with disabilities must be provided "in the most integrated setting possible." The following resources provide an historical context and an update on current activities that focus on expanding home and community options and making community living more accessible for individuals with disabilities. Table of Contents Table of Contents 1 Answers to ADA Questions 1 General ADA Information 2 Legal Documents 3 Best Practices and Olmstead Initiatives 3 Webcasts 5 Olmstead-Related Research and Reports 6 News of Interest 8 Additional Resources 8 Answers to ADA Questions DBTAC: Southeast ADA Center Disability and Business Technical Assistance Centers (DBTAC) 1-800-949-4232 (voice/TTY) Website: www.sedbtac.org The Disability and Business Technical Assistance Centers (DBTACs) are a national network of ten regional DBTAC: ADA Centers that provide the most complete and experienced services for up-to-date information, referrals, resources, and training on the Americans with Disabilities Act (ADA) to businesses, employers, government entities, and individuals with disabilities, as well as media and news reporters. The DBTAC Centers are funded by the National Institute on Disability and Rehabilitation Research (NIDRR) of the U.S. Department of Education. All calls are confidential! General ADA Information Resources from the DBTAC: National Network of ADA Centers ADA Document Portal www.dbtac.vcu.edu/adaportal/ The ADA Document Portal consists of more than 7,400 documents. Users may search the collection by topic or by entering keywords. ADA Legal Updates and Issues www.sedbtac.org/legalissues.php?idpg=14 In partnership with the DBTAC: Southeast ADA Center, the Burton Blatt Institute (BBI) analyzes ADA-related legal and policy developments relevant to civil rights protections and the impact of court decisions in the Southeast Region. ADA Publication List www.sedbtac.org/ada/publications/PUBlist.doc An annotated Publication List distributed by the DBTAC: Southeast ADA Center. ADA Training Resource Center www.adacourse.org This comprehensive site features ADA training materials, including Case Law, Case Studies, Handouts, Statistics & Quotes, and TIPS Sheets, plus information on other training opportunities such as audio conferences, webcourses, distance learning, and in-person events. TIPS: Technical Information Perspectives and Solutions www.sedbtac.org/ada/training/trainingTemplate.php?ref=FS Fact sheets that provide accurate information on issues and concerns related to the ADA. Legal Documents Supreme Court Decision: Olmstead v. L.C. (98-536) http://supct.law.cornell.edu/supct/html/98-536.ZS.html 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 Best Practices and Olmstead Initiatives “A best practice is a technique or method that, through experience and research, has proven to reliably lead to a desired result.” (Source: http://searchsoftwarequality.techtarget.com/sDefinition/0,,sid92_gci498678,00.html) National Initiatives Parent Advocacy Coalition for Educational Rights (PACER) Olmstead Fact Sheet www.pacer.org/tatra/legislation/olmstead.asp 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 decision: 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. * 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 U. S. Supreme Court decision in Olmstead v. L.C. U.S. Department of Health and Human Services - Office for Civil Rights (OCR) Preventing Discrimination Against People with Disabilities in Health Care and Social Services - Serving People with Disabilities in the Most Integrated Setting: Olmstead and New Freedom Initiative www.hhs.gov/ocr/mis.htm This site includes OCR Enforcement Success Stories, an Archive of information and Additional Resources. National Conference of State Legislatures: Legal Brief on the Olmstead Decision (May 2000) www.ncsl.org/statefed/health/olmsteadib.htm Olmstead v. L.C. Online Resource Center www.bazelon.org/issues/disabilityrights/incourt/olmstead/index.htm Developed by the Bazelon Center for Mental Health Law State Initiatives States with Olmstead Web Site Information www.hhs.gov/ocr/olmstates.htm A list of web-based information on Olmstead that is organized by State. Arizona's Olmstead Plan (Arizona) www.ahcccs.state.az.us/Publications/PlansWaivers/Plans/Olmstead/default.asp Arkansas Olmstead Plan Website (Arkansas) www.arkansas.gov/dhs/aging/olmsteadar.html Coalition of Californians for Olmstead (COCO) (California) www.pai-ca.org/coco/ Illinois Olmstead Coalition (Illinois) http://home.comcast.net/~sltriano/ Olmstead -- Real Choices for Iowa (Iowa) www.olmsteadrealchoicesia.org Community First Olmstead Plan (Massachusetts) www.stavros.org/documents/Olmstead_plan_FINAL_PRINT_VERSION_2.pdf Missouri's Olmstead Implementation (Missouri) www.gcd.oa.mo.gov/Olmstead/olmstead.shtml Vermont Olmstead Commission (Vermont) http://humanservices.vermont.gov/publications/olmstead-commission One Community - The Olmstead Initiative (Virginia) www.olmsteadva.com/ Olmstead - Building Inclusive Communities for West Virginia Citizens Who Have Disabilities (West Virginia) www.wvdhhr.org/bhhf/olmstead/default.htm Webcasts Olmstead ILRU (Independent Living Research Utilization) Archive of Webcasts www.ilru.org/html/projects/olmstead/index.html Paving the Way for Nursing Home Transition www.ilru.org/html/training/webcasts/archive/2008/08-18-CIL-NET.html Presented by Judy Roy, Independent Living Resources of Greater Birmingham, on August 18, 2008 Eight Years After Olmstead www.ilru.org/html/training/webcasts/archive/2008/01-02-CC.html Presented by Cathy Chambless, PhD, MPA, CRC; Center for Public Policy and Administration - University of Utah, on January 2, 2008 ILRU's Olmstead Training Project -- Disability Advocacy in a Post-Olmstead Environment Series: * State Legislatures and Olmstead: What's New in 2002 presented by Jo Donlin and Barbara Coleman on November 6, 2002 (www.ilru.org/html/training/webcasts/archive/2002/11-06-JD.html) * Housing Options: Community Living and Assisted Living presented by Rosalie Kane and Jay Klein on October 9, 2002 (www.ilru.org/html/training/webcasts/archive/2002/10-09-JK.html) * Leveraging Olmstead in a Difficult Budget Environment presented by Allan Bergman and Tony Records on October 7, 2002 (www.ilru.org/html/training/webcasts/archive/2002/10-07-AB.html) * Community First! Getting/Keeping People with Disabilities Out of Nursing Homes and Other Institutions presented by Bob Kafka on September 25, 2002 (www.ilru.org/html/training/webcasts/archive/2002/09-25-BK.html) * State Legislatures and the Olmstead Decision: "What's the Latest?" presented by Johanna Donlin and Wendy Fox-Grage on July 17, 2002 (www.ilru.org/html/training/webcasts/archive/2002/07-17-JD.html) Three-Part DLRP Webcast series: * Part I: Review of the United States Supreme Court Decision in the Board of Trustees of Alabama vs. Garrett presented by Vinh Nguyen, JD, MBA, on July 10, 2002 (www.ilru.org/html/training/webcasts/archive/2002/07-10-VN.html) * Part II: State Laws Protecting the Rights of People with Disabilities presented by Aaron McCullough, JD on August 7, 2002 (www.ilru.org/html/training/webcasts/archive/2002/08-07-AM.html) * Part III: The Power and Scope of Section 504 of the Rehabilitation Act - Using it to Advocate for Your Rights as a Person with a Disability presented by Brian East, on August 12, 2002 (www.ilru.org/html/training/webcasts/archive/2002/08-12-BE.html) Nursing Home Reforms: Twenty Years after OBRA '87 www.kaisernetwork.org/health_cast/hcast_index.cfm?display=detail&hc=2449 presented by the Kaiser Family Foundation and Alliance for Health Reform on December 7, 2007. Olmstead-Related Research and Reports Delivering on the Promise: OCR's Compliance Activities Promote Community Integration (September 2006) www.hhs.gov/ocr/complianceactiv.html An Olmstead progress report from the Office for Civil Rights (OCR) The States' Response to the Olmstead Decision: How Are States Complying? www.ncsl.org/programs/health/forum/olmsreport.htm UCP Report: Case for Inclusion 2007 www.ucp.org/medicaid This report from the United Cerebral Palsy Association (UCP) 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. The U.S. Supreme Court's Olmstead Decision: Five Years Later (June 2004) www.kff.org/medicaid/kcmu062104pkg.cfm Five years after the Supreme Court’s landmark Olmstead decision applying the ADA to the right of individuals with disabilities to receive health care in a community-based setting, the Kaiser Commission on Medicaid and the Uninsured released two reports and a video examining what progress has been made and the impact on the Medicaid program. Olmstead v. L.C.: The Interaction of the Americans with Disabilities Act and Medicaid (June 2004) www.kff.org/medicaid/upload/Olmstead-v-L-C-The-Interaction-of-the-Americans-with-Disabilities-Act-and-Medicaid.pdf Olmstead: Reclaiming Institutionalized Lives (September 2003, Abridged Version) www.ncd.gov/newsroom/publications/2003/reclaimabridged.htm This report from the National Council on Disability (NCD) is also available in alternative formats. The Olmstead Decision and Long-Term Care in California (December 2003) www.chcf.org/topics/view.cfm?itemID=21620 Medicaid and State Budgets: Looking at the Facts (October 2007) This report from the Center for Children and Families at the Georgetown University Health Policy Institute examines the different Medicaid measures enacted by each state and provides data on how much each state spends on Medicaid. www.hcbs.org/moreInfo.php/nb/doc/2138 Cash & Counseling: Improving the Lives of Medicaid Beneficiaries Who Need Personal Care or Home and Community-Based Services (August 2007) www.hcbs.org/moreInfo.php/nb/doc/2108 This report was produced by Mathematica Policy Research, Inc. for the University of Maryland Center on Aging. Updated Data on Medicaid Home and Community Based Services www.statehealthfacts.org/comparemaptable.jsp?ind=240&cat=4 Data on Medicaid home and community based services waivers has been added as has 2004 HCBS expenditure, participant, and waiting list data for all states and the nation, and information on home health and personal care service expenditures and participants. What Is the Difference Between Medicare and Medicaid? www.hhs.gov/faq/medicaremedicaid/85.html Medicare is an insurance program that serves people over 65 regardless of their income, younger people with disabilities and dialysis patients. Medicaid is a medical assistance program. Under Medicaid medical bills are paid from federal, state and local tax funds. This program serves low-income people of every age. News of Interest Residents' Lawsuit Disputes Institutional Bias (Florida) www.mcknights.com/Residents-lawsuit-disputes-institutional-bias/article/120699/ Thousands of nursing home residents on Medicaid are suing the state [of Florida] for illegally forcing them into institutions. Nearly 8,500 have filed a class action lawsuit claiming that they should have the option of receiving community-based long-term care. Source: November 2008 Issue of McKnight's Long Term Care News Georgia to Offer More Community Living Alternatives for Individuals with Disabilities (July 2008) www.hhs.gov/news/press/2008pres/07/20080702a.html On July 1, [2008] the Department of Health and Human Services Office for Civil Rights and the State of Georgia reached a Statewide Olmstead Settlement Agreement. A copy of the settlement agreement, along with more information can be found at www.hhs.gov/ocr/GaOlmAgsummary.html and www.hhs.gov/ocr/GAOlmsteadagreement.html Additional Resources American Association of Homes and Services for the Aging www.aahsa.org/ National Association for Home Care and Hospice www.nahc.org/ November is National Home Care Month www.nahc.org/HCHPCMonth/08/about.html National Long Term Care Ombudsman Resource Center www.ltcombudsman.org/default.cfm Minnesota Home Care Association (MHCA) www.mnhomecare.org/displaycommon.cfm?an=1&subarticlenbr=170 VOR (Voices of the Retarded) Olmstead Resources www.vor.net/olmstead_resources.htm Stuff to Know About the Olmstead Decision www.freedomclearinghouse.org/know/olmstead.htm DisabilityResources.org Olmstead Page www.disabilityresources.org/OLMSTEAD.html ILRU (Independent Living Research Utilization) Olmstead Publications Page www.ilru.org/html/publications/olmstead/index.html About the Olmstead Decision (ILRU) www.bcm.edu/ilru/html/projects/olmstead/about_olmstead.htm Beyond Olmstead: Community-Based Services for All People with Disabilities: A Workshop for State and Local Health Officials www.ahrq.gov/news/ulp/olmstead/olmstd.htm This workshop was designed for senior State and local policymakers who must understand and determine how to respond to the impact of the Supreme Court's Olmstead decision. The workshop was held in Chicago, Illinois on July 11-13, 2001. DISCLAIMER The DBTAC: Southeast ADA Center (Southeast DBTAC) is authorized by the National Institute on Disability and Rehabilitation Research (NIDRR) to provide information, materials, and technical assistance to individuals and entities that are covered by the Americans with Disabilities Act (ADA) under Grant # H133A060094. However, you should be aware that NIDRR is not responsible for enforcement of the ADA. For more information or assistance, please contact the Southeast DBTAC via its web site at www.sedbtac.org or by calling 1-800-949-4232 (v/tty) [AL, FL, GA, KY, MS, NC, SC, TN] or 404-541-9001 (v/tty). The information, materials, and/or technical assistance are intended solely as informal 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. The Southeast DBTAC does not warrant the accuracy of any information contained herein. Any links to non-Southeast DBTAC information are provided as a courtesy and are not intended to nor do they constitute an endorsement of the linked materials. Americans with Disabilities Act & Olmstead Resources ADA & Olmstead Resources April 2009 1419 Mayson Street Atlanta, GA 30324 (404) 541-9001 (800) 949-4232 (v/tty) (404) 541-9002 (Fax) sedbtacproject@law.syr.edu www.sedbtac.org Funded by the National Institute on Disability and Rehabilitation Research of the U.S. Department of Education #H133A060094