The "Olmstead Decision"
Planning for Improved Home and Community-Based Services for Persons with Disabilities
By Dave Rosenberg, Yolo County Supervisor, 4th District
In June 1999, the U.S. Supreme Court issued a landmark ruling-the "Olmstead Decision"--affecting the lives of millions of persons with disabilities and the communities and agencies that serve them. So, just what is this decision, and what does it mean for Yolo County?
The "Olmstead Decision", named for the Georgia Department of Human Resources Commissioner against whom two individuals filed suit, came about this way:
L.C. and E.W. were two women who had some years earlier been respectively diagnosed with schizophrenia and a personality disorder. Both were voluntarily admitted to Georgia Regional Hospital in Atlanta where they were confined for psychiatric treatment. However, although their treating professionals eventually determined that each of them could be successfully cared for in a community-based program, they remained institutionalized.
Seeking care in a less-restrictive environment, L.C. filed suit and was joined by E.W. The suit worked its way up to the U.S. Supreme Court and in June 1999, Justice Ruth Bader Ginsberg delivered the Court's opinion. The "Olmstead Decision" essentially concluded that under Title II of the Americans with Disabilities Act (ADA), States are required to place persons with disabilities in community rather than institutional settings when 1) the State's treatment professionals have determined that community placement is appropriate; 2) the transfer from institutional to community living is not opposed by the individual; and 3) the placement can be reasonably accommodated.
So, in 1999 the United States Supreme Court established that undue institutionalization constitutes discrimination under the ADA.
Fast-forward to 2002. States across the country are now grappling with planning for implementation of the Olmstead Decision. In California, the California Health and Human Services Agency and its Long Term Care Council have put out a call to local organizations to host an "Olmstead Forum". As Board Liaison to the Yolo County Long Term Care Coordinating Council, I recently brought a request to our Board of Supervisors to convene such a forum, which was supported unanimously by all members of our Board of Supervisors.
Yolo County's own "Olmstead Forum" is scheduled for Thursday, September 26, 2002, from 3:30 to 5:00 p.m. at the Davis Senior Citizens Center at 646 A Street, Davis. Members of the public are invited to attend, and the forum will also be taped for telecast on our local cable television stations. The State has identified at least four key areas to address: current programs and best practices; consumer preferences in home- and community-based care; barriers and gaps in services; and collaboration with other planning efforts including housing and transportation elements. The good news is Yolo County has already made progress towards improved long-term care planning-but we have lots more to do.
For more information on how to get involved with the Olmstead Forum, you can email me at ltc@yolocounty.org or contact my district office at 530-757-5555. I hope you will join me as we take steps to address key issues in planning for improved home- and community-based services for persons with disabilities in Yolo County. We need to hear from you.