| Subject: Americans with Disabilities Act/Olmstead Decision |
Author:
UNEED2KNOW
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Date Posted: 06:46:35 08/06/01 Mon
Author Host/IP: 208-168-147-22.citynet.net/208.168.147.22
Americans with Disabilities Act/Olmstead Decision
In July 1999, the Supreme Court issued the Olmstead v. L. C. decision. The
Court's decision in that case clearly challenges Federal, state, and local
governments to develop more opportunities for individuals with disabilities
through more accessible systems of cost-effective community-based services.
The Olmstead decision interpreted Title II of the Americans with Disabilities
Act (ADA) and its implementing regulation, requiring States to administer
their services, programs, and activities "in the most integrated setting
appropriate to the needs of qualified individuals with disabilities."
Medicaid can be an important resource to assist States in meeting these
goals. However, the scope of the ADA and the Olmstead decision are not
limited to Medicaid beneficiaries or to services financed by the Medicaid
program. The ADA and the Olmstead decision apply to all qualified individuals
with disabilities regardless of age.
The Health Care Financing Administration (HCFA) has begun consultation with
States and with people with disabilities. HCFA plans to review relevant
Federal Medicaid regulations, policies and previous guidance to assure that
they are compatible with the requirements of the ADA and Olmstead decision,
and facilitate States' efforts to comply with the law. HCFA is working
closely with other involved Federal agencies to ensure that these reviews are
consistent with the requirements of the statute and are focused on the needs
of persons with disabilities.
The Department of Health and Human Services (DHHS), Office of Civil Rights,
and HCFA have formed a workgroup to address continuing questions and issues
involving the implementation of the Olmstead decision and the ADA. We invite
all States and stakeholders to submit policy questions and recommendations to
the workgroup. Answers to these questions, as they are developed, will be
posted on this web site. Please submit written correspondence to:
DHHS Working Group for ADA/Olmstead
c/o Center for Medicaid and State Operations
HCFA, Room S2-14-26, DEHPG
7500 Security Blvd.
Baltimore, MD 21244-1850
You may also E-mail policy questions to: ADA/Olmstead@HCFA.Gov to submit
policy questions and recommendations to this workgroup.
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