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:
DHHS Working Group for ADA/Olmstead
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
Last Modified on Thursday, September 16, 2004
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