Olmstead
Building Inclusive
Communities
For
Who Have Disabilities
What is Olmstead?
How
does the Olmstead decision affect you?
Who is
covered by the Olmstead decision?
Examples
of disabilities covered by the ADA
Institutional
settings covered by the Olmstead decision
About
the Office of the Olmstead Coordinator
What
is Olmstead?
There were two women in the
State of
The Supreme Court agreed! In June of 1999, the Supreme Court issued its
decision. This is what’s known as the Olmstead
decision.
The Olmstead decision mandates
that all States administer services, programs and activities in the most
integrated setting.
“Most integrated setting” is a
setting in the community where people with disabilities can fully participate
in all aspects of community life.
The Olmstead decision was
primarily based on the non-discrimination mandate under Title II of the
Americans with Disabilities Act (ADA).
Some key statements from Title II of the
“A public entity shall
administer services, programs, and activities in the most integrated setting
appropriate to the needs of the qualified individuals with disabilities.”
“A public entity shall make reasonable
modifications in its policies, practices, or procedures when modifications are
necessary to avoid discrimination, unless…modifications would fundamentally
alter the nature of the services, program or activity.”
How
does the Olmstead decision affect you?
If you are living in an institution and
want to live in the community, you can ask to move.
There should be appropriate services and
supports in the community to meet your needs so you can live in the community.
Who
is covered by the Olmstead decision?
The Olmstead decision pertains to any person, regardless of age, who has a disability covered under the Americans with Disabilities Act (ADA). In addition, the Olmstead decision covers those individuals who are institutionalized or at-risk of being institutionalized in a segregated and/or congregated setting.
Examples
of disabilities covered by the ADA
Mental Illness
Physical Disability
Developmental Disability
Acquired Disability
Substance Abuse
Institutional
settings covered by the
Olmstead decision
State-Operated Hospitals
ICF/MR Facilities
Nursing Homes
Personal Care Homes
Residential Board & Care Homes
About
the Office of the Olmstead Coordinator
The Governor of West Virginia designated the establishment of the
Olmstead Coordinator position. This
position was created on
Office of the Ombudsman for Behavioral Health
State Capitol Complex
Building 6, Room 850
Phone: (304) 558-3287
Fax: (304) 558-2378
Tina Maher, Olmstead Coordinator
