HHS Marks 24th Anniversary of the Olmstead Decision

Today, the U.S. Department of Health and Human Services (HHS), Office for Civil Rights (OCR) celebrates the 24th anniversary of the U.S. Supreme Court’s seminal decision in Olmstead v. L.C., with a new national initiative to help drive compliance with the integration mandate and protect the rights of people with disabilities. Olmstead recognized that Title II of the Americans with Disabilities Act and Section 504 of the Rehabilitation Act protect the right of people with disabilities to receive services in the most integrated setting appropriate to their needs. OCR enforces these statutes as well as Section 1557 of the Affordable Care Act, to ensure that the promise of Olmstead is realized for persons with disabilities nationwide.

“Twenty-four years ago, the Supreme Court affirmed that people with disabilities have a right to live and receive services where they live. The landmark ruling has enabled millions of Americans to have greater independence, autonomy, and opportunities to participate fully in their communities.” said HHS Secretary Xavier Becerra. “Progress has been made, but there is still much work to be done. This new initiative from OCR creates additional opportunities for people with disabilities to live, work, and participate in their communities.”

“The Olmstead decision’s holding that unjustified institutionalization of people with disabilities is illegal discrimination, has changed the lives of hundreds of thousands of people with disabilities who want to live in their own homes and communities,” said OCR Director Melanie Fontes Rainer. “Today, OCR is proudly launching a revitalized Olmstead Enforcement Initiative that will further ensure the rights of people living with disabilities live with purpose and dignity. This Initiative is at the core of OCR’s work and supports the Biden-Harris Administration’s pledge to break down silos and integrate our programs and services to further our commitment to community living for all.”

“Olmstead affirms the right to community living for people with disabilities, but to exercise it, people must have the services and supports they need,” said Alison Barkoff, Acting Administrator for the Administration for Community Living. “That’s why ACL is working to expand and strengthen the workforce of direct care professionals and improve support to family caregivers, who together provide most of the assistance people need to be truly included in their communities. We also are working to increase availability of the services provided through the disability and aging networks, particularly for those in greatest need, and of affordable, accessible housing. We are proud to work with OCR to end the discrimination that often leads to institutionalization.”  

“Olmstead stands for a fundamental principle—that disabled people have the same right to be full and equal members of their communities as everyone else,” said Samuel Bagenstos, HHS General Counsel. “Starting in the days after the Supreme Court decided the case, HHS has been at the forefront of enforcing Olmstead’s requirements. I am proud to support OCR’s expansion of its Olmstead enforcement.”

On today’s anniversary, HHS also honors the memory of Lois Curtis, a named plaintiff in the Olmstead case who passed away in November 2022, and Judy Heumann, one of the founders of the independent living movement who was instrumental to the passage of the Rehabilitation Act and the Americans with Disabilities Act, and passed away in March of this year. OCR is building upon their legacies by reinvigorating its enforcement efforts to address OCR complaints and barriers to community living. These actions also build upon OCR’s proposed regulation under Section 1557 of the Affordable Care Act, which, if finalized as proposed, will strengthen provisions to ensure health programs and activities comply with Olmstead, and planned proposed regulations this year under Section 504 that will update and clarify disability rights obligations, including those under Olmstead. 

For more information about community living and the Olmstead decision, please visit OCR’s website at: https://www.hhs.gov/civil-rights/for-individuals/special-topics/community-living-and-olmstead/index.html.

If you believe that you or someone else has been discriminated against because of your disability, race, color, national origin, sex, age, or religion in programs or activities funded by HHS, you may file a complaint with the HHS Office for Civil Rights at: https://www.hhs.gov/civil-rights/filing-a-complaint/index.html.