The Office for Civil Rights of the U.S. Department of Health and Human Services has launched a new national initiative to encourage adherence to the integration mandate and defend the rights of people with disabilities in honor of the 24th anniversary of the landmark Olmstead v. L.C. decision by the U.S. Supreme Court, an HHS press release said.
“Twenty-four years ago, the Supreme Court affirmed that people with disabilities have a right to live and receive services where they live," the release quotes HHS Secretary Xavier Becerra as saying. "The landmark ruling has enabled millions of Americans to have greater independence, autonomy, and opportunities to participate fully in their communities. 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,” he said.
In the Olmstead decision, the court ruled that the rights of people with disabilities to receive services in the most integrated setting possible that meets their requirements are protected under Section 504 of the Rehabilitation Act and Title II of the Americans with Disabilities Act, Becerra said. OCR upholds these laws as well as Section 1557 of the Affordable Care Act to guarantee that Olmstead's promise is fulfilled for people with disabilities across the country, he said.
“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," OCR Director Melanie Fontes Rainer said. "Today, OCR is proudly launching a revitalized Olmstead Enforcement Initiative that will further ensure the rights of people living with disabilities to 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 of 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," Barkoff said. "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.”
