Honoring the Legacies of Olmstead and Justin Dart

the National Council on Disability (NCD) published article, and it is our pleasure sharing ...
# originally posted here June 2013. If any links not working, please let know TY.

On June 22, 1999, the Supreme Court issued its landmark decision “Olmstead v. L.C.”, changing the lives of Lois Curtis and Elaine Wilson, who had been confined to a Georgia institution for several years after their initial treatment had ended. Lois and Elaine filed suit under the Americans with Disabilities Act (ADA) for release from the facility and affirmation of their constitutional rights to self-determination. The ruling resolved in their favor, paving the way for other Americans with disabilities to live outside of institutions, and integrated into their community in order to live fuller and more productive lives.

How significant was the decision? For Americans with disabilities, Olmstead is comparable to Brown v. Board of Education, a landmark Supreme Court decision in which the Court declared state laws establishing segregated public schools were unconstitutional, memorializing the judgment that separate is inherently unequal, and galvanizing integrated education reforms that have forever changed American society.

In Olmstead, the Supreme Court’ ruling reflected “two evident judgments” Primarily, “institutional placement of persons who can handle and benefit from community settings perpetuates unwarranted assumptions that persons so isolated are incapable of or unworthy of participating in community life." Further, "confinement in an institution severely diminishes the everyday life activities of individuals, including family relations, social contacts, work options, economic independence, educational advancement, and cultural enrichment."

“From one came much,” disability rights pioneer Justin Dart declared. Mr. Dart passed away exactly three years after the Olmstead decision was issued, at the age of 71. His declaration aptly describes the influence of Olmstead on the lives of millions of Americans with disabilities.

Justin Dart was instrumental in the enactment of the ADA during his tenure as the Vice Chair of the National Council on Disability (NCD). During the last year, in reliance on, and to further the ADA, the Olmstead decision, and Justin Dart's legacy, NCD has called for the gradual phased elimination of sheltered workshops, which segregate disabled workers and pay less than minimum wages (sometimes shockingly low wages which amount to mere pennies per week). The issue has received unprecedented national media and advocacy attention, supporting corrective reforms that reflect equal pay, rights and dignity for workers with disabilities.

NCD also produced a Deinstitutionalization Toolkit, to facilitate community living opportunities. The toolkit contains information and guidance to help build capacity to serve more people with intellectual and/or developmental disabilities as they move out of institutional settings and into the community.

Most recently, NCD encouraged the U.S. Department of Housing and Urban Development (HUD) to issue long-awaited guidance to assist states in meeting their obligations under Olmstead, and fulfillment of the integration mandate of the ADA. HUD issued its recommendations on June 13, 2013.

As courts continue to apply and interpret the Olmstead decision, NCD will continue to make recommendations to policymakers regarding meaningful compliance with the Olmstead decision and to explore and assist with means to implement further policies that expand home and community-based services that will protect the most vulnerable in the disability community while providing opportunities for full integration into the fabric of American society.

Since the Olmstead ruling, much progress has been made. Countless individuals have successfully transitioned to community settings – “their homes, not nursing homes,” the rallying cry of so many advocates and professionals in this field, but Justin Dart’s call for a revolution to “empower every single human being to govern his or her life, to govern this society, and to be fully productive of life equality for self and for all” has yet to be completely fulfilled.

From the stirring leadership of Justin Dart to the legacy of the Olmstead decision, there is much in our history to be proud of, and to inspire our work together to build a more inclusive future for all Americans, including the 57 million Americans who live with the challenges of disabilities and strive to be part of the American dream.

NCD is proud to be part of the broad inclusive community working to ensure fulfillment of the ADA, and to honor the memory of Justin Dart as the nation celebrates the anniversary of the watershed Olmstead decision.

On behalf of the National Council on Disability,

Janice Lehrer-Stein, Chair
Integration and Access Committee

http://www.ncd.gov/newsroom/06212013
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For the National Council on Disability (NCD): CLICK HERE

18th Anniversary of 1999 Olmstead Supreme Court Decision, June 22, 2017

June 22, 2017 is the 18th Anniversary of the 1999 Olmstead U.S. Supreme Court decision. The fight to realize the intent of the the Olmstead decision continues for people living in Intermediate Care Facilities for people with Developmental Disabilities, people living in Institutes for Mental Diseases, and people living in Nursing Homes, to live in communities throughout the country. 

The following information is a privilege to share this important part of ADA History. 

YouTube Published by OlmsteadRights YouTube
This is the story of Olmstead v. LC and the unfinished changes it began. Olmstead is the most important U.S. Supreme Court decision for people with disabilities. It holds that people with disabilities have a right in most instances to live in community rather than institutions. This video tells the story of how the Atlanta Legal Aid Society with support from ADAPT and other disability organizations litigated the case. It then tells the story of what happened after the decision and the real changes that began to happen after United States Justice Department embraced Olmstead

The ADA National Network has a dedicated webpage on Olmstead. The information below is just part of the great information available.

ADA and Olmstead Resources

Background of Olmstead

Since July 1999, the landmark decision of the U.S. Supreme Court in Olmstead v. L.C.has increased community participation and independence of people with disabilities and older Americans who are moving out of nursing homes and other institutions and back into the community.

Lois Curtis and Elaine Wilson, two women with disabilities living in Georgia nursing homes, asked state officials to allow them to move into their own homes in the community. After the State refused, Atlanta Legal Aid attorney Susan Jamieson filed a lawsuit on their behalf. After appeals, the case was heard by the U. S. Supreme Court. In July 1999, the Supreme Court ruled that Title II of the Americans with Disabilities Act prohibits the unnecessary institutionalization of persons with disabilities. In the words of the Supreme Court, services to persons with disabilities must be provided “in the most integrated setting possible.” The Court ruled that there should be community options for Curtis and Wilson.

Resources

The following resources provide a historical context and an update on current implementation and activities that are underway to expand home and community options and make community living more accessible for individuals with disabilities.

Index of Resources

• Olmstead Decision Legal Analysis
• Olmstead Enforcement and Implementation
• What's New - Olmstead
• Olmstead Resources from the Bazelon Center for Mental Health Law

Olmstead Decision Legal Analysis

• Supreme Court Decision: Olmstead v. L.C.
  (law.cornell.edu/supct/html/98-536.ZS.html)
• Atlanta Legal Aid Society Olmstead v. LC and EW Landmark Case Summary and Impact
  (atlantalegalaid.org/?s=olmstead)
• Parent Advocacy Coalition for Educational Rights (PACER) Olmstead Fact Sheet
  (pacer.org/tatra/legislation/olmstead.asp)

Olmstead Enforcement and Implementation

• Statement of the Department of Justice on Enforcement of the Integration Mandate of Title II of the Americans with Disabilities Act and Olmstead v. L.C.
  This document outlines the Justice Department guidelines for enforcing the Olmstead decision under Title II of the ADA. (June 22, 2011)
  (ada.gov/olmstead/q&a_olmstead.htm)
• Olmstead: Community Integration for Everyone
  A Department of Justice website dedicated to the Olmstead Supreme Court decision. 
  (ada.gov/olmstead/index.htm)
• Department of Health and Human Services Office of Civil Rights
  This agency investigates civil rights, health information privacy and patient safety confidentiality complaints to find out if there is discrimination or violation of the law and takes action to correct problems. It also educates communities about civil rights and health information privacy rights.
  (hhs.gov/ocr)
• Olmstead Success Stories
  (hhs.gov/ocr/civilrights/activities/examples/Olmstead/successstoriesolmstead.html)
• Disability Integration Project at the Atlanta Legal Aid Society, Inc.
  This website was created to educate everyone about the Olmstead decision. It includes self-help tools and legal advocacy tools. It also shares how the decision has positively impacted people’s lives in their own words through stories, photos, and videos.
  (olmsteadrights.org)
• UCP Report: The Case for Inclusion
  This annual report by United Cerebral Palsy ranks all 50 States and the District of Columbia on how well they are providing community-based supports to Americans with intellectual and developmental disabilities being served by Medicaid.
  (cfi.ucp.org)
• Ten Years After Olmstead: Problems, Progress, and Opportunities for America's Older Adults [PDF, 36 pages]
  This report from the National Senior Citizens Law Center, produced with support from The SCAN Foundation, calls on states to use the implementation of the Affordable Care Act to end Medicaid’s long-standing bias toward funding long-term care in institutional settings such as nursing homes. (September 2010)
  (thescanfoundation.org/sites/thescanfoundation.org/files/nsclc_olmstead.pdf)
• The Promise of Olmstead: 15 Years Later – Video
  The 15th Anniversary of Olmstead video compilation is a DOJ/HHS tribute to the dedicated and brave individuals who have brought to life the Olmstead decision's promise of community integration for people with disabilities. This video is available with or without captions and audio description. (2014)
  (ada.gov/videogallery.htm#olm)
• Olmstead’s Role in Community Integration for People with Disabilities under Medicaid: 15 Years after the Supreme Court’s Olmstead Decision [PDF, 16 pages]
  This legal brief from the Kaiser Family Foundation revisits the historic case and examines legal developments and policy trends that have emerged in recent years. (June 2014)
  (kaiserfamilyfoundation.files.wordpress.com/2014/06/8602-olmstead_s-role-in-community-integration-for-people-with-disabilities-under-medicaid.pdf)

What's New - Olmstead

• DOJ Findings Letter to South Dakota
  On May 2, 2016, the United States sent its findings to the state notifying it of violations of the Americans with Disabilities Act and Olmstead v. L.C. due to its failure to deliver services to people with disabilities in the most integrated settings appropriate.
  (ada.gov/olmstead/olmstead_cases_list2.htm#south-dakota)
• United States v. Florida – 1:12-cv-60460 – (S.D. Fla.)
  On April 7, 2016, the United States filed an Opposition to the State of Florida’s Motion for Partial Summary Judgment. In the Motion, the State had asked the Court to rule, on a variety of grounds, that the United States could not recover damages for unnecessarily institutionalized children to whom the State had been deliberately indifferent.
  (ada.gov/olmstead/olmstead_cases_list2.htm#fla)
• Lane v. Brown (formerly Lane v. Kitzhaber) – 12-CV-00138 – (D. Or. 2012)
  On September 8, 2015, the United States entered into a settlement agreement with the State of Oregon to vindicate the civil rights of individuals with intellectual and developmental disabilities (I/DD) who are unnecessarily segregated in sheltered workshops, or at risk of such unnecessary segregation.
  (ada.gov/olmstead/olmstead_cases_list2.htm#lane)
• Georgia Network for Educational and Therapeutic Support [Word, 21 pages] [PDF, 21 pages] 
  On July 15, 2015, the United States sent its findings to the State of Georgia stating that the State’s administration of the Georgia Network for Educational and Therapeutic Support (GNETS) program violates Title II of the Americans with Disabilities Act by unnecessarily segregating students with disabilities from their peers in school. The State fails to ensure that students with behavior-related disabilities receive services and supports that could enable them to remain in, or return to, the most integrated educational placements appropriate to their needs.
  (ada.gov/olmstead/documents/gnets_lof.doc; ada.gov/olmstead/documents/gnets_lof.pdf)
• West Virginia Department of Health and Human Resources [Word, 30 pages] [ PDF, 30 pages]
  On June 1, 2015, the United States sent its findings to the state stating it violates the Americans with Disabilities Act and Olmstead v. L.C. by failing to deliver mental health services to children who rely on publicly funded care in the most integrated settings appropriate. Children in West Virginia experience high levels of institutionalization per capita and are unable to access mental health services in their homes and communities.
  (ada.gov/olmstead/documents/west_va_findings_ltr.docx; ada.gov/olmstead/documents/west_va_findings_ltr.pdf)
• Maertz v. Minott - 1:13-cv-957-JMS-MJD (S.D. In. 2015) [Word, 19 pages] [PDF, 19 pages] 
  On March 27, 2015, the United States filed a Statement of Interest in opposition to the State of Indiana’s argument that serious risk of institutionalization or segregation is not a viable claim under the ADA. In Maertz, Plaintiffs with developmental disabilities provided evidence that the State of Indiana harmed their health by drastically reducing their home and community-based Medicaid services, placing them at serious risk of institutionalization. 
  (ada.gov/olmstead/documents/maertz_soi.docx; ada.gov/olmstead/documents/maertz_soi.pdf)
• Justice Department Reaches Proposed ADA Settlement Agreement On Oregon's Developmental Disabilities System]
  September 8, 2015 - The U.S. Justice Department announced today, along with private plaintiffs, that it has entered into a proposed settlement agreement with the state of Oregon that will resolve violations of the Americans with Disabilities Act (ADA) and will impact approximately 7,000 Oregonians with intellectual and developmental disabilities (I/DD) who can and want to work in typical employment settings in the community.
  (justice.gov/opa/pr/justice-department-reaches-proposed-ada-settlement-agreement-oregons-developmental)

ACTION ALERT - Olmstead Act Rights Under Attack! Tell Congress to Protect Medicaid!

National Disability Rights Network Statement on the American Health Care Act

WASHINGTON –  March, 7, 2017 - “The legislation revealed by House Republicans last night is a giant step backwards in the treatment and care of individuals with disabilities.

“It repeals the expanded Medicaid match that encourages the community integration of people with disabilities and counters biases that lead to institutionalization. It permits discrimination against people with disabilities in the insurance market for their pre-existing conditions. It caps Medicaid funding which means a sharp reduction in services and availability of this important health care lifeline for children and adults with disabilities. In short, this plan is terrible.

“The National Disability Rights Network urges the House not to send people with disabilities back to a time when it was nearly impossible for us to obtain health insurance, live in the home of our choice or participate in community life. We will never go back to those days. Never.”

SOURCE: Press Release March 7, 2017 

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Reach out to your House and Senate Members TODAY and tell them that repealing the Affordable Care Act and replacing it with a plan that CUTS Medicaid is unacceptable.

The National Disability Rights Network (NDRN) is the nonprofit membership organization for the federally mandated Protection and Advocacy (P&A) Systems and the Client Assistance Programs (CAP) for individuals with disabilities. Collectively, the Network is the largest provider of legally 

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SOURCE: Press Release Access Living of Metro Chicago

March 7, 2017 - Republican leaders in the US House of Representatives have finally released their plan to repeal and replace the Affordable Care Act. Their replacement bill, the American Health Care Act (AHCA), contains provisions that would seriously undermine home and community based services and community integration currently funded by Medicaid. Our Director of Advocacy and External Affairs, Amber Smock, explains further and issues a call to action below:

"People with disabilities fighting for the right to live integrated, included lives in the community need to know that the new federal bill, the American Health Care Act (AHCA), will make it much more difficult for you to exercise your right to live in the community. Remember that the Olmstead Supreme Court decision, whose original plaintiffs were Lois Curtis and Elaine Wilson, made it your right to live in the community, not in a nursing home or institution. For those who rely on Medicaid funding, the AHCA attacks your funding by creating a system called per capita caps, where the federal government gives your state money based on your type of category (aged/blind/disabled, kids, etc). The amount of Medicaid funds is the same for each person in the category---there is no flexibility for those of you whose supports cost more. The per capita caps will stay at FY 16 level funding permanently without accounting for growth, meaning that each year as your state program grows, there will be less money for all. Starting in 2020, the Federal government could actually make big Medicaid cuts to your state if your state spends too much on you. Medicaid providers won't get paid and you won't have access to supports/healthcare you may need to stay in the community. Yes, you could be forced into a nursing home or institution, even though it costs more. The AHCA also eliminates the 6% enhanced Federal match for the Community First Choice Option (also known as the K Plan or 1915(k)). If you are a senior, the AHCA is going to make you pay more for private insurance plans. You may not be able to afford this. If you are a younger person with a private/employer health insurance health care plan, you are going to have to do a lot more paperwork and saving because you will have to pay out of pocket for more stuff. All of these things will make it more difficult to exercise our right to live in the community; be clear, it could PULL THE RUG OUT from under community-based supports. The AHCA is a giant budget cut to Medicaid! It makes Medicaid pay for benefits for wealthier people! So today, let's take action! 

Call your members of Congress using the switchboard at (312) 224-3121, and say: "I am a disability advocates and I need you to OPPOSE the American Health Care Act because it will make it more difficult for people with disabilities to live in the community. We won't be able to afford it and our providers won't serve us any more!" CALL TODAY!!!"

In addition to your phone calls, Twitter is an important tool to make your voice heard. If you tweet today on this issue, use these hashtags: 

• #ACAChat
• #KeepAmericaCovered
• #CoverageMatters
• #SaveMedicaid

Here are some sample tweets to use:

• PWD rely on Medicaid. Funding caps and cuts will hurt them and their families the most. #SaveMedicaid
• Federal funding caps mean the rest of us will pay $$$ to keep same quality care #KeepAmericaCovered
• Caps = less funding. Less funding = fewer options #SaveMedicaid
• The ACA gave millions of disabled Americans and their caregivers access to health insurance. #KeepAmericaCovered
• The ACA got things like speech therapy, habiliation services covered. These services heal. #CoverageMatters 

This is a massive attack on our civil right to live in the community, and it's time to fight back!

Delaware is the First State to Successfully Comply with the Terms of Olmstead v. L.C. Settlement

Federal Court Terminates Agreement after Delaware Reforms Service System for People with Mental Illness

Delaware is the First Jurisdiction in the Nation to Successfully Comply with the Terms of an Olmstead v. L.C. Settlement and be Released from Court Oversight

The Justice Department announced today that the U.S. District Court for the District of Delaware terminated the remedial settlement agreement governing the state of Delaware’s service system for people with serious and persistent mental illness.  The court agreed with the joint motion of the state and the Justice Department that Delaware had fully complied with the terms of the agreement, based on the assessment of an independent court monitor.

The state significantly expanded and enhanced community-based mental health services for individuals with serious and persistent mental illness under the agreement, as required by the Americans with Disabilities Act (ADA) and the Supreme Court’s Olmstead v. L.C decision.  The agreement emphasized the need to transition institutionalized people to the community and prevent people from unnecessarily entering institutions.

“Our agreement prompted Delaware to institute comprehensive reforms and provide services to people with serious and persistent mental illness in integrated community settings,” said Principal Deputy Assistant Attorney General Vanita Gupta, head of the Justice Department’s Civil Rights Division.  “Throughout this process, we saw the impact of the state’s hard work, leadership and commitment to drive positive change.  People with mental illness in Delaware can now live in their own communities, engage with their families and friends and lead meaningful, fulfilling lives.”

Since entry of the agreement, the state has significantly reduced its reliance on institutional care, particularly at the state-run Delaware Psychiatric Center (DPC).  It has reduced the number of bed days used by the target population in DPC by 47.2 percent.  The number of Medicaid-eligible Delawareans receiving community-based services has increased by 92 percent since the United States began its investigation. 

Delaware has developed a strong peer and self-advocacy movement that is incorporated into the entire service system: peers orient individuals upon their admission to DPC, assist them during the course of their hospitalization and provide personal care items upon discharge to the community; operate drop-in centers; conduct quality reviews of mental health services; and are essential members of Assertive Community Treatment, intensive case management, crisis apartment and crisis walk-in center teams.

The state has also established a robust quality assurance and performance improvement system in order to continue the reforms and address issues that may arise for people with mental illness in Delaware.  These efforts will be sustained by recently passed legislation that established an independent oversight commission to monitor Delaware’s public mental health system. 

These reforms to the state’s mental health system have also helped reduce unnecessary arrests and incarceration of people with SPMI.  For instance, Delaware created two statewide mobile crisis teams that typically divert 80 to 90 percent of people they encounter from hospitalization and criminal justice interaction.  The state’s crisis walk-in center in Sussex County diverts about 70 percent of people from further hospitalization or criminal justice interaction.  This walk-in center reports that it takes law enforcement officers less than 10 minutes on average to drop-off an individual in a mental health crisis, which spares police officers an unnecessary and lengthy emergency room admission or jail booking process.  Delaware also operates a peer program in the state’s Mental Health Court that serves people with SPMI or co-occurring disorders.  Mental Health Court Peers support individuals throughout the process and help defendants access community resources that are necessary to increased stability in the community, including housing and transportation. 

The department initiated its investigation pursuant to the Civil Rights of Institutionalized Persons Act (CRIPA), putting a primary focus on obtaining reforms to address violations of the ADA, as interpreted in Olmstead., requiring that individuals with disabilities receive services and supports in the most integrated setting appropriate to their needs.  On Nov. 9, 2010, the United States issued a findings letter to Delaware that detailed systemic conditions and practices that violated the constitutional and statutory rights of individuals with serious and persistent mental illness in the state’s system.  The findings letter, settlement agreement, monitor’s reports and papers related to the instant motion are available here.

The department has additional Olmstead settlement agreements in Georgia, Virginia, New Hampshire, New York, North Carolina, Oregon, Rhode Island and the city of Providence.

Delaware Agreement Fact Sheet

SOURCE: Press Release Oct 11, 2016 - Department of Justice

17th Anniversary of 1999 Olmstead Supreme Court Decision, June 22, 2016

June 22, 2016 is the 17th Anniversary of the 1999 Olmstead U.S. Supreme Court decision. The fight to realize the intent of the the Olmstead decision continues for people living in Intermediate Care Facilities for people with Developmental Disabilities, people living in Institutes for Mental Diseases, and people living in Nursing Homes, to live in communities throughout the country. 

The following is information is a privilege to share this important part of ADA History. 

as posted at Department of Justice ADA.gov:

Olmstead: Community Integration for Everyone

About Olmstead

The story of the Olmstead case begins with two women, Lois Curtis and Elaine Wilson, who had mental illness and developmental disabilities, and were voluntarily admitted to the psychiatric unit in the State-run Georgia Regional Hospital. Following the women's medical treatment there, mental health professionals stated that each was ready to move to a community-based program. However, the women remained confined in the institution, each for several years after the initial treatment was concluded. They filed suit under the Americans with Disabilities Act (ADA) for release from the hospital.

The Decision

On June 22, 1999, the United States Supreme Court held in Olmstead v. L.C. that unjustified segregation of persons with disabilities constitutes discrimination in violation of title II of the Americans with Disabilities Act. The Court held that public entities must provide community-based services to persons with disabilities when (1) such services are appropriate; (2) the affected persons do not oppose community-based treatment; and (3) community-based services can be reasonably accommodated, taking into account the resources available to the public entity and the needs of others who are receiving disability services from the entity.

The Supreme Court explained that its holding "reflects two evident judgments." First, "institutional placement of persons who can handle and benefit from community settings perpetuates unwarranted assumptions that persons so isolated are incapable of or unworthy of participating in community life." Second, "confinement in an institution severely diminishes the everyday life activities of individuals, including family relations, social contacts, work options, economic independence, educational advancement, and cultural enrichment."

Faces of Olmstead

The personal stories of a few of the thousands of people whose lives have been improved by the Olmstead decision and the Department's Olmstead enforcement work can be accessed at https://www.ada.gov/olmstead/olmstead_about.htm

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YouTube published by OlmsteadRights YouTube

To learn about Olmstead and how to Advocate using Olmstead by visiting OlmStead Rights at www.olmsteadrights.org.

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For all previous posts on Olmstead: CLICK HERE

Justice Dept Finds South Dakota Unnecessarily Relies on Nursing Facilities to Provide Services to People with Disabilities

from a Press Release on May 2, 2016
Department of Justice
Office of Public Affairs

Following a comprehensive investigation, today, the Justice Department released its findings that South Dakota unnecessarily relies on nursing facilities to provide services to people with disabilities, in violation of the community integration mandate of the Americans with Disabilities Act (ADA) and the Supreme Court’s decision in Olmstead v. L.C.

South Dakotans with disabilities do not have a meaningful choice to receive the services they need in their own homes and communities.  The ADA and the Olmstead ruling require states to make services available to people with disabilities in the most integrated setting appropriate to their needs, regardless of age or type of disability.

The department’s findings, detailed in a letter to South Dakota Governor Dennis Daugaard, follow an investigation into the state’s system of care for people who receive services and supports in nursing facilities.  The department found that thousands of people who rely on South Dakota for needed services must live in nursing facilities to receive those services, isolated from their communities.  With access to adequate home- and community-based services, these individuals could instead live in their homes and communities.

“Regardless of their age, people with disabilities deserve privacy, autonomy and dignity in their everyday lives,” said Principal Deputy Assistant Attorney General Vanita Gupta, head of the Justice Department’s Civil Rights Division.  “Our findings reveal how South Dakota’s current system of long-term care violates federal law and fails to give people with disabilities the choice to live in their own homes and their own communities.  South Dakota officials have expressed their desire to provide meaningful opportunities for people with disabilities to receive home- and community-based care, and we look forward to working with South Dakota to build a more effective, more efficient and more just service system for all.”

An analysis of South Dakota’s current spending and national data shows that South Dakota – which has one of the highest nursing facility utilization rates in the country – may even realize cost savings and be able to serve more people by increasing the state’s use of home- and community-based services.  The state funds the placement of about 3,400 people in nursing facilities through Medicaid at any given time, and approximately 5,500 people over the course of one year. 

Nursing facility residents in South Dakota range in age, and include many older adults and almost 450 people under the age of 65.  In addition to older adults with age-related disabilities, many of these individuals have disabilities they were born with or acquired at a young age, such as cerebral palsy, multiple sclerosis and amputations due to diabetes or mobility impairments due to an accident. 

The findings letter examines the widespread impact of the state’s nursing facility system.  For example, one 51-year-old man told the Justice Department that he had entered the nursing facility to recover after a leg amputation, but had been trying to leave the nursing facility for months, without help. 

The department’s findings letter includes the following key conclusions:

• Thousands of people who need long-term care have no choice but a nursing facility because South Dakota does not adequately arrange for community-based services or identify residents appropriate for transition. 
• Many people who rely on state services do not know that they could choose community-based services instead of a nursing facility because the state has not informed them of or offered them these services.
• South Dakota spends more than 80 percent of its long-term services budget on nursing facilities but could rebalance these funds to prioritize home- and community-based services. 
• Most residents have physical disabilities, chronic illnesses or cognitive disabilities and need some assistance with some day-to-day tasks, rehabilitative therapy or nursing –services that the state can provide in community-based settings rather than in institutions.
• People with similar needs to those living in South Dakota’s nursing facilities successfully receive services at home in other states, and even in South Dakota.  The state already offers many of the services people will need to live in their own homes and can increase community capacity and address service limitations to ensure all individuals can choose these services instead of nursing facility placement.    
• People with disabilities living in rural and frontier areas of the state, including those living on reservations, have particular difficulty accessing services in their homes and communities.

The full findings letter can be found at www.ada.gov.  Please visit www.ada.gov/olmstead to learn more about the division’s ADA Olmstead enforcement efforts, and www.justice.gov/crt to learn more about the laws enforced by the Justice Department’s Civil Rights Division.  Additional information about the U.S. Attorney’s Office of the District of South Dakota is available on its website at www.justice.gov/usao-sd.

The investigation was conducted by the Civil Rights Division with assistance by the U.S. Attorney’s Office of the District of South Dakota.  The United States is represented by Trial Attorneys Alexandra Shandell, Joshua Rogers and Mathew Schutzer of the Civil Rights Division’s Special Litigation Section and Assistant U.S. Attorney Alison Ramsdell of the District of South Dakota.

South Dakota Findings Letter

https://www.justice.gov/opa/pr/justice-department-finds-south-dakota-unnecessarily-relies-nursing-facilities-provide

TAKE ACTION NOW - To assure all People with Disabilities are Protected by the ADA! Still Trapped in Nursing Homes and other Institutions!

as shared by many today.

It’s a travesty that we can address!  Twenty-five years after the Americans with Disabilities Act (ADA) was signed into law, people with disabilities – including young people – don’t benefit from the ADA because they are still trapped in nursing facilities and other institutions.  Inside the facility, they don’t get to use accessible public transportation, enjoy accessible public accommodations or seek employment. 

To address this injustice, Senator Schumer (NY) is ready to introduce the 2015 version of the Community Integration Act that creates a new Title of the ADA.  This legislation will require states and insurance providers that pay for Long Term Services and Supports (LTSS) to provide community-based services first and offer HCBS to people currently in institutions.   This legislation has broad-based support in the disability community from groups including ADAPT, the National Council on Independent Living, and the Disability Rights Education and Defense Fund.

The proposed legislation says “No individual ... shall be denied community-based long term services and supports so the individual can live in the community and lead an independent life.”  It also makes it illegal for a state and insurance providers that pay for LTSS to fail to provide HCBS by using waiting lists, screening people out, capping services, paying workers too little for services, or the other excuses which states have used to keep people from living in freedom.

The proposed legislation requires each state to offer community-based services and supports to any individual who is eligible to go into an institution. It also requires states to take active steps to make sure that there is enough affordable, accessible, and integrated housing.  Finally, the legislation also includes new enforcement mechanisms to assure that states comply with it when it becomes law.

You can learn more about the legislation here:

http://www.adapt.org/main.ciamain

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TAKE ACTION NOW!

Urge Senator Durbin AND Senator Kirk to cosponsor the Community Integration Act!

Simply call 1-866-220-0044 and ask for the Senator's office.

Say:

I am calling to ask you to be an initial cosponsor of historic legislation being introduced by Senator Schumer that assures people with disabilities can live in the community and lead an independent life.  Thank you for supporting previous versions that addressed this critical civil rights issue.

As we celebrate 25 years of the ADA, it is time that we address the fact that there is no right to community integration and freedom for some people with disabilities.  Please join the Senators who will initially cosponsor this legislation and contact Senator Schumer’s office today.  Thank you.

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Thank you for taking action!  We are not just remembering the history of the ADA and our civil rights movement.  We continue to make it!

FREE OUR PEOPLE!

June 22, 2015 is the 16th Anniversary of the 1999 Olmstead U.S. Supreme Court decision - ADA History

With today, June 22, is the 16th Anniversary of the 1999 Olmstead U.S. Supreme Court decision. The fight to realize the intent of the the Olmstead decision continues for people living in Intermediate Care Facilities for people with Developmental Disabilities, people living in Institutes for Mental Diseases, and people living in Nursing Homes, to live in communities throughout the country. 

The following is information is a privilege to share this important part of ADA History. 

as posted at Department of Justice ADA.gov:

Olmstead: Community Integration for Everyone

About Olmstead

The story of the Olmstead case begins with two women, Lois Curtis and Elaine Wilson, who had mental illness and developmental disabilities, and were voluntarily admitted to the psychiatric unit in the State-run Georgia Regional Hospital. Following the women's medical treatment there, mental health professionals stated that each was ready to move to a community-based program. However, the women remained confined in the institution, each for several years after the initial treatment was concluded. They filed suit under the Americans with Disabilities Act (ADA) for release from the hospital.

The Decision

On June 22, 1999, the United States Supreme Court held in Olmstead v. L.C. that unjustified segregation of persons with disabilities constitutes discrimination in violation of title II of the Americans with Disabilities Act. The Court held that public entities must provide community-based services to persons with disabilities when (1) such services are appropriate; (2) the affected persons do not oppose community-based treatment; and (3) community-based services can be reasonably accommodated, taking into account the resources available to the public entity and the needs of others who are receiving disability services from the entity.

The Supreme Court explained that its holding "reflects two evident judgments." First, "institutional placement of persons who can handle and benefit from community settings perpetuates unwarranted assumptions that persons so isolated are incapable of or unworthy of participating in community life." Second, "confinement in an institution severely diminishes the everyday life activities of individuals, including family relations, social contacts, work options, economic independence, educational advancement, and cultural enrichment."

Faces of Olmstead

The personal stories of a few of the thousands of people whose lives have been improved by the Olmstead decision and the Department's Olmstead enforcement work can be accessed at http://www.ada.gov/olmstead/olmstead_about.htm

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To learn about Olmstead and how to Advocate using Olmstead by visiting OlmStead Rights at www.olmsteadrights.org.