Finding Olmstead

Olmstead v. L.C. and E.W.,

119 S.Ct. 2176 (1999)

Which of These is Olmstead?

What is the Olmstead Decision?

• An Exciting New Dance Step

• A Supreme Court Decision

The Olmstead Decision..

• Is a landmark toward the integration of people with disabilities in community life. In the 1999 case called “Olmstead v. L.C.,” the Supreme Court ruled that unnecessary segregation of people with disabilities in institutions is a form of discrimination in violation of the Americans with Disabilities Act.

Who are L.C. and E.W?

• L.C. & E.W., two women with developmental and psychiatric disabilities, were confined to a Georgia Psychiatric Hospital. They wanted to live in the community and doctors agreed, however Georgia had a long waiting list for community placement. They remained institutionalized for years.

Who is Olmstead?

• Because of the extended wait, L.C. and E.W. sued Tommy Olmstead, the commissioner of Georgia’s Department of Human Resources. After years of litigation, the Supreme Court determined that unnecessary institutionalization is a form of discrimination.

Does the Decision Only Apply to People with Certain Disabilities?

• The decision is an interpretation of the Americans with Disabilities Act (ADA), which prohibits discrimination against people with all disabilities.

Who is Covered Under the Olmstead Decision?

What Does the ADA Require?

• The ADA requires, among other things that state and local governments provide services in the most integrated setting appropriate to the needs of people with disabilities.

Do states have to have Olmstead Plans?

• States are not required to have an Olmstead Plan. However, States who do have a comprehensive, effectively working Olmstead Plan, have a defense to lawsuits challenging the State’s failure to implement the Olmstead decision.

• California does not have an Olmstead Plan.

The Olmstead Decision

• People with disabilities have the right to live in the community.

People in Institutions• People in institutions

are often told when to get up, when to go to bed, when and what to eat, what they can do at any given point in the day and when they can do it...

Charles Manson said...

I’d rather be in jail, than in a nursing home….

Who Should Get Out?

• Anyone who wants out. In speaking with a woman from the Medicaid office, we were told, “You don’t understand. Everyone wants out.”

Some People Don’t Understand..

• That if community supports are in place, there are very few limits on who can live in the community.

Examples

• Ed Roberts who was a ventilator-dependent quadriplegic founded the independent living movement, lived in his own home, was a father, a husband and head of the Department of Rehabilitation.

Examples

• Susie, a person with cognitive and severe behavioral disabilities, self-injurious behaviors including head banging to the point of unconsciousness, had spent most of her eighteen years in an institution. She is now living in her own home with a paid roommate and behavioral supports.

Some People Don’t Understand..

• That advocates of community living want the community supports available and in place before people move out of institutions.

Some People Don’t Understand..

• That advocates of community supports don’t want a repeat of what happened in the 70’s- when individuals with psychiatric disabilities were dumped into the community without adequate supports.

Quotes from People Moved Into Community Living

• “For the first time in years, I had food with a temperature.”

• “I had forgotten how to use a door knob…”

• “I want a bean burrito…”

It’s Different for the Younger Disabled, Seniors are:

• Frailer

• More Vulnerable

• Have different needs

• Don’t have the community supports to stay in the community

As Mike Oxford a community advocate

says...

“It’s the same thing.”

People Need

• Four walls and a roof• Whatever care they

need to survive• It’s the same thing

whether someone lives in a institution or in the community, whether they are a senior or not.

Seniors want...

• To stay in their homes and community

• To have adequate community supports

• To have access to accommodations and services that enhance their quality of life...

Olmstead is...• A chance to move money

from institutions into the community

• A civil right that guarantees people with disabilities the right to live in the community

• A Supreme Court Decision

And The Olmstead Decision

• Is pressuring people with disabilities to talk to each other and to other stakeholders about what community care means

• Is making new and stronger alliances

• Is forcing at least a formal recognition of the rights of people with disabilities

The Olmstead Decision

• Has put people with disabilities on the State and Federal radar...

What Can We Do Locally?

• Develop community supports

• Integrate services

• Have services that are easy to access

• Build coalitions

• Have a proactive approach to healthcare, which includes the prevention of unnecessary institutionalization

Hmmm….

Sounds a lot like the Long Term Care Integration Project to us….