Over 25 years ago, on June 22, 1999, the U.S. Supreme Court’s decision in Olmstead v. L.C., (Olmstead) gave Americans with disabilities the right to live in a community setting, rather than in an institution.

The Supreme Court recognized that unjustified segregation in institutions is illegal discrimination and in violation of Title II of the Americans with Disabilities Act because it supports beliefs that people with disabilities are incapable or unworthy of participating in community life.

The Olmstead Decision recognized the value, dignity and humanity of people with disabilities. The Court held that public entities must provide community-based services to people with disabilities whenever:

Such services are appropriate;affected persons do not oppose community-based treatment; and 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.

Because of this Decision, people who had been institutionalized for decades are now living and receiving services within their communities.

Many more people with disabilities: never have to experience life in an institution, due to more options and services available in their own communities.

•Have greater control over where they live and can self-direct their own services.

•Have opportunities to obtain real jobs, earning real wages.

•Have opportunities to develop relationships with people in their own communities who have shared interests.

•Have opportunities to practice their faith and worship where they want, if they choose to do so.

Brad Schneider, Vice President of LifeSkills Developmental Services Division and member of the Olmstead Community Advisory Committee for Kentucky says the Vision and Mission of LifeSkills Intellectual Developmental Disabilities (IDD) services was built around key components of the Olmstead Decision.

“We believe that communities benefit from the unique abilities, talents, and gifts of all people,” said Schneider. “Everyone deserves the opportunity for a ‘good life’ and great things can be achieved through listening, collaboration, and dedication to the purpose. We’ve come a long way, but still have a long way to go. Some states have actually been successful in completely eliminating institutions.”

What follows is an excerpt from what Justice Ruth Bader Ginsburg wrote in the Olmstead Decision over 25 years ago:

“Recognition that unjustified institutional isolation of persons with disabilities is a form of discrimination 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 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.” Ruth Bader Ginsburg, Writing for the Majority of the U.S. Supreme Court, Olmstead v L.C., June 22, 1999

Schneider says he feels fortunate and honored to be a member of the Olmstead Community Advisory Committee for Kentucky. He hopes Kentucky will eventually “develop a support infrastructure that allows the community to be the only option, where institutions are no longer a necessary evil,” but believes we have much work to do toward that end.

Amy Mason, Director of Quality and Best Practices at LifeSkills, has witnessed firsthand what a driving force the Olmstead Decision became for many people who now have greater control over where they live as well as what services they receive.

“I started out working in an institution 30 years ago,” said Mason. Many of the people I worked with back then now live and work within their communities. I’ve served on 50 transition committees to ensure that people who are making the transition to community living are receiving the most beneficial community supports available to them.”

“I am proud that people have more opportunities to explore the vision they have for themselves, and the ability to pursue their hopes and dreams,” said Mason. “They have better individualized support systems in place, thanks to the Olmstead Compliance, although it’s still not where it needs to be, we are making progress. Participant-Directed Services now support the families, which allows families more control and gives them service options they didn’t have 25 years ago.”

In Kentucky, Olmstead is administered by the Cabinet for Health and Family Services (CHFS) and enforced at the Federal level by the United States Department of Justice. Kentucky’s first Olmstead Compliance Plan was established in 2002. The Plan was updated in 2015 and again in 2019. The CHFS is now planning and coordinating efforts that will result in the next iteration of the Plan.

Kentucky’s Olmstead Compliance Plan establishes a framework for the state to ensure that its statutes, regulations, and program initiatives align with the principles established in Olmstead. The University of Kentucky Human Development Institute is leading efforts in partnership with people with disabilities, family members, relevant state agencies, and community partners to ensure both providers and consumers have input on the updated plan.

— Maureen Mahaney coordinates public information for LifeSkills, Inc., a nonprofit, behavioral health care corporation that plans for and serves the people of southcentral Kentucky in three main areas: mental health, addiction, and developmental disabilities. Her column appears monthly.