Olmstead decision mandates service provision in ‘most integrated setting’ --RSS Feed

By Julie Alexander, Lead Independent Living Services Coordinator, with Melanie Hupfer, PR & Marketing Coordinator
 
June 22, 2017 represents the 18th anniversary of the Olmstead Supreme Court decision which stipulated that people with disabilities should not be segregated from society in institutions but should be given the opportunity to choose community living options. The Olmstead decision revolved around the claims of two individuals with disabilities, L.C. and E.W., who were staying in an institution and wanted to leave that institution but the state indicated that there were no resources available to use for them to leave. These two individuals sued the state and eventually won their claim which was heard by the U.S. Supreme Court. In their decision the U.S. Supreme Court indicated that segregation in an institution is discrimination and a violation of title II of the Americans with Disabilities Act.
 
The “integration mandate” was then created and set in motion. This integration mandate requires that public agencies give services to individuals with disabilities who want to leave an institution and move into an integrated setting that meets their needs, if several criteria are met. It also states that there must be a determination that the services provided can be accomplished by the state and the state is able to determine the resources that it can use toward meeting this need.
 
At present, this integration mandate still exists and people with disabilities can still sue the state that they are living in, asking for community-based options rather than institutional care. The states can still make a determination on whether or not they have resources to meet an individual’s needs.

The Disability Integration Act is legislation that was introduced to strengthen the integration mandate by ensuring that additional community-based services would be provided to allow more people with disabilities to live in the community. However, even existing services are under threat due to the health care proposals that dramatically cut Medicaid, which is a main source of funding for long term care supports for people with disabilities. Keep following this blog and the IndependenceFirst Facebook and Twitter accounts for more information on the proposed cuts and how to voice your opinion. 
 
For more information on the integration mandate or our services assisting people with disabilities who would like to leave an institution and live in the community, call 414-291-7520 V/Relay.
 

| Thursday, 6/22/2017 - 3:11 PM | 0 comments
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