What Is the Olmstead Decision?

In June 1999, the Supreme Court ruled in L.C. & E.W. vs. Olmstead that it is a violation of the Americans with Disabilities Act for states to discriminate against people with disabilities by providing services in institutions when the individual could be served more appropriately in a community-based setting. States are required to provide community-based services for people with disabilities if treatment professionals determine that it is appropriate, the affected individual do not object to such placement and the state has the available resources to provide community-based services. The Court suggests that a state could establish compliance with the Americans with Disabilities Act if it has:

A comprehensive, effective working plan for placing qualified people in less restrictive settings and
A waiting list of community-based services that ensures people can receive services and be moved off the list at a reasonable pace.

Georgia’s Olmstead Strategic Plan is a working document that will continue to evolve over time. It identifies key areas to make quality community services more available and accessible to Georgians with disabilities within the resources available to the state. It calls for more consistency statewide in identifying those who are eligible for community placement and evaluating their needs for services, and for more person-centered planning to closely involve the individual and the family in deciding what services are suitable. It also addresses important issues such as affordable and accessible housing, transportation and work force development to provide greater and higher quality choices in services. The plan also emphasizes consumer and family education to inform families of the service and benefit options available. At the same time, the plan seeks to improve the monitoring and oversight of services to better ensure the health and safety of people living in the community and the quality of services being provided.

“Even in these tough economic times, we are moving forward to the extent that we can,” says Governor Sonny Perdue.

Since the Olmstead decision, Georgia has taken steps while continuing to develop the official plan. The state closed a state hospital in southwest Georgia making it possible to move 129 people with developmental disabilities into the community. This was the fourth state institution to close since 1996. Nearly 6,000 additional people are receiving a variety of community services under home and community-based Medicaid waivers, which allow Medicaid funds normally restricted to institutional care to support services out in the community. Nearly 1,700 people with developmental disabilities and 180 people with physical disabilities who were on waiting lists are now receiving community services. The Community Care Services Program, for older people desiring to avoid nursing home care, has increased its capacity by 15 percent to serve some 17,000 people in 2003. Several of the action items identified in the Plan have already been achieved, such as: selection of a vendor to identify persons residing in nursing homes who desire community placements; selection of a vendor to conduct person-centered planning; placement of over half of those planned to move from nursing facilities; implementation of a "person-centered planning" training program at all of the state hospitals; and obtaining three federal grants that will aid the Department of Human Resources in enhancing the flexibility of community-based services and to further improve support services for persons transitioning from institutional placements to community living. Other changes such as new family support services and sweeping changes in community mental health services have also occurred.

“Georgia has been expanding community-based services, and we intend to continue in that direction,” says Perdue. “This plan is our pledge to the people.”