Americans with Disabilities Act/
Olmstead Decision
In July 1999, the Supreme Court issued the Olmstead v. L. C. decision. The Court's decision in that case clearly challenges Federal, state, and local governments to develop more opportunities for individuals with disabilities through more 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."
Medicaid can be an important resource to assist States in meeting these goals. However, the scope of the ADA and the Olmstead decision are not limited to Medicaid beneficiaries or to services financed by the Medicaid program. The ADA and the Olmstead decision apply to all qualified individuals with disabilities regardless of age.
The Centers for Medicare and Medicaid Services (CMS), formerly the Health Care Financing Administration (HCFA) has begun consultation with States and with people with disabilities. CMS plans to review relevant Federal Medicaid regulations, policies and previous guidance to assure that they are compatible with the requirements of the ADA and Olmstead decision, and facilitate States' efforts to comply with the law. CMS is working closely with other involved Federal agencies to ensure that these reviews are consistent with the requirements of the statute and are focused on the needs of persons with disabilities.
The Department of Health and Human Services (DHHS), Office of Civil Rights, and CMS have formed a workgroup to address continuing questions and issues involving the implementation of the Olmstead decision and the ADA. We invite all States and stakeholders to submit policy questions and recommendations to the workgroup. Answers to these questions, as they are developed, will be posted on this web site. Please submit written correspondence to:
c/o Center for Medicaid and State Operations
CMS, Room S2-14-26, DEHPG
7500 Security Blvd.
Baltimore, MD 21244-1850
IF YOU HAVE QUESTIONS CONCERNING MEDICAID ELIGIBILITY OR SERVICES FOR SPECIFIC INDIVIDUALS, PLEASE CONTACT YOUR STATE MEDICAID AGENCY.
State Medicaid Director Letters
HHS Secretary's Letter to Governors on Olmstead Decision - January 14, 2000
Press Releases
Assuring Access to Community Living for the Disabled - February 1, 2000
ADA/Olmstead Decision Related Links
