Olmstead v. L.C.: Implications and Subsequent Judicial, Administrative, and Legislative Actions (CRS Report for Congress)
| Release Date |
May 31, 2000 |
| Report Number |
RS20588 |
| Report Type |
Report |
| Authors |
Melinda De Atley and Nancy Lee Jones, American Law Division |
| Source Agency |
Congressional Research Service |
Summary:
The Supreme Court ruled in Olmstead v. L.C. that Title II of the Americans with
Disabilities
Act (ADA) requires states to transfer individuals with mental disabilities into community settings
rather than institutions when a state treatment professional has determined the appropriateness of
such an environment, the community placement is not opposed by the individual with a disability,
and the placement can be reasonably accommodated. The Health Care Financing Administration
(HCFA), as a response to the Supreme Court's decision, sent a letter to states on January 14, 2000
outlining interim guidance for compliance with the requirements of Title II of the ADA regarding
community based services. This report will discuss the Supreme Court's decision, subsequent lower
court decisions, the HCFA letter, and selected legislation. It will be updated as necessary.
