The Olmstead Decision: The Freedom to Live in the Community

Olmstead is a decision handed down from the U.S. Supreme Court in June 1999 that plainly states that people with disabilities who can handle and benefit from living in their own community have the right to do so, even if they are Medicaid recipients. This landmark decision was brought about due to two strong women from Georgia who said enough is enough and wanted to live in their chosen communities. The Supreme Court ruled in Olmstead v. L. C. that the continued institutionalization of these two women constituted "unjustified isolation" and was a violation of these individuals' civil rights under the Americans with Disabilities Act (ADA).

In the past, state governments have often looked upon institutions, nursing homes, and group homes as an easy way to address the needs of people with severe disabilities. For people on Medicaid or with limited funds, institutionalization is often present as the only option. One of disABILITY LINK's missions is to help people with disabilities to search for options outside of institutionalization. The Olmstead Decision has reaffirm that states should have a comprehensive, effectively working plan for placing qualified persons in less restrictive settings. disABILITY LINK helps people with disabilities navigate the bureaucracy and find services including benefits resulting from the implementation of the Olmstead Decision.

Since 1999, several Olmstead implementation initiatives have been created by the Federal government. In addition, the Georgia Department of Community Health (DCH) and disABILITY LINK have received grants from the Centers for Medicare and Medicaid Services (CMS, formerly known as HCFA) to assist persons wishing to transition out of nursing homes. Also, the Georgia Department of Human Resources has received a grant from CMS to facilitate system changes. Though these initiatives have been put in place, there are still many unresolved questions on how the Georgia plans to implement the Olmstead Decision and make transitional services available to all people with disabilities. For additional information, check out these web pages: Olmstead Implementation Sites