Olmstead and You

The Olmstead Decision and the Process to Develop a Plan for Virginia

The Supreme Court Decision
In 1999, the United States Supreme Court said in a decision called Olmstead v. L.C. that persons with disabilities who live in, are "at risk" of living in, or are eligible for placement in facilities or institutions, have a right to live in the community if:

1. They and their treatment teams agree that they can live successfully in the community;
2. They choose to live in the community; and
3. There are resources available to help them live in the community.

The court said that, under the Americans with Disabilities Act, it is a form of discrimination to isolate and segregate persons in institutions when they can live like other people in the community and enjoy the benefits of society. States must avoid disability-based discrimination unless doing so would "fundamentally alter the nature of the service, program, or activity" provided by the state.

What Olmstead Does NOT Say

The Olmstead Decision does NOT say:

• That institutions must be closed;
• That lack of resources alone is an acceptable excuse for failure to move eligible persons into the community;
• That states' responsibilities are limitless;
• That modifications must be made which would fundamentally change the nature of the service, program or activity.

The Presidents' Executive Order

By a Presidential Executive Order, "the Federal Government must assist States and localities to implement swiftly the Olmstead decision", to help ensure that all Americans have the opportunity to live close to their families and friends, to live more independently, to engage in productive employment and to participate in community life.

Who is Affected

Olmstead applies to people with either physical or mental disabilities that substantially limit one or more major life activities. This includes people with disabilities who reside in institutions now and people with disabilities whose needs might make them consider an institution. Many places can be considered institutions, including state hospitals, training centers, nursing homes, and more.

Virginia's Olmstead Planning

Like all states, Virginia is required to ensure that people with disabilities who meet the requirements set forth in Olmstead can live in the community rather than in facilities and institutions. Many states have developed "Olmstead Plans," which are policies and procedures about how they will meet the requirements of the Olmstead decision.

In 2002, Virginia's Olmstead Task Force was established. It drafted recommendations for the Commonwealth to comply with Olmstead. The Task Force submitted its report and recommendations to the Governor and General Assembly on September 15, 2003.

Attention People with Disabilities

On January 6, 2004 Governor Mark Warner issued Executive Order 61 to continue Olmstead implementation in Virginia. This order establishes:

1. A Director of Community Integration for People with Disabilities.
2. A multi-agency Implementation Team.
3. A multi-stakeholder Oversight Advisory Committee.

   

Tim Kaine	Marilyn B. Tavenner	Patrick O. Gottschalk	Pierce R. Homer	Dr. Thomas R. Morris
Virginia Governor	Secretary of HHR	Secretary of Commerce & Trade	Secretary of Transportation	Secretary of Education