June
22, 2017
Emily, and Olmstead,
turn 18 today.
By Melissa Ortiz, Commissioner,
Administration on Disabilities
Eighteen years
ago today, the Supreme Court issued a landmark ruling in the case Olmstead
v. L.C. The court ruled that under the Americans with Disabilities Act,
people with disabilities cannot be unnecessarily segregated and must
receive services in the most integrated setting possible.
In
other words, if someone is able to live in the community with appropriate
services and supports, they should have the choice to do so.
The
ruling acknowledged the existence of resource limitations, but it also said
states should take "reasonable steps" to provide community-based
alternatives to institutions. That has increased the availability and
quality of services in the community for people with disabilities.
It
also has changed government spending. In 1999, Medicaid spent nearly three
times more on long-term services and supports provided in institutions like
nursing homes than it did on services in the community. By 2013, a majority
of that funding was going toward services and supports in the community.
To
illustrate what that has meant for people with disabilities, let's imagine
a baby born with cerebral palsy on the day of the ruling, June 22, 1999.
We’ll call her Emily, since that was the most popular name for girls born
in the United States that year. Emily’s cerebral palsy affects her ability
to fully use her arms and legs, and she also has a mild intellectual
disability. What has Olmstead done for Emily, and what will it mean for her
future as an adult?
Few
things affected Emily’s childhood more than where she grew up and who she
grew up around. For earlier generations, being born with significant
disabilities often meant having no choice but to grow up in an institution.
Because of Olmstead, Emily almost certainly grew up with her family, in her
own home.
Because
of Olmstead and legislation supporting the rights of people with
disabilities, Emily had the opportunity to go to school with all of her
friends, whether or not they had a disability.
Today,
on her 18th birthday, Emily is probably thinking about her high school
graduation and her future after high school. Olmstead means that she
has the same decisions to make as her peers without disabilities – whether
to go to college, where she wants to live, and what kind of job she wants
to have.
Emily
needs help with most physical tasks. As a child, she got most of this help
from her parents and siblings. At one time, her only options for receiving
this support as an adult were to continue living with family or moving to
an institution. Olmstead has greatly increased the availability of these
kinds of services and supports in the community, which means Emily is thinking
about how she’ll decorate the apartment where she plans to
live.
Around
the country, states and communities are adopting an "Employment
First" philosophy that starts with the belief that people of all
abilities should have the opportunity to work in integrated workplaces.
Individuals, families, non-profits, and states are stepping up and working
together to create the supports necessary to make this work, and to change
the assumptions people make about the capabilities of people with disabilities.
Olmstead helped create the environment for this kind of change, which will
help Emily be self-sufficient as an adult.
Emily
is not the only one in her family affected by Olmstead. Lately, her
grandparents have found it harder to do some of the things they used to do
easily. Olmstead has changed the world of opportunities for them,
too. Those same kinds of services that help Emily meet her physical
needs, like help with getting dressed, often are the services that allow
older adults to continue living in their own homes. The ruling also has
helped expand access to housing and transportation. So thanks to Olmstead,
Emily’s grandma and grandpa have more opportunities to remain
independent.
What
all of these changes have in common is that they put Emily and her
grandparents, with help from their family if they need it, in control of
their own lives.
Despite
the great progress of the last 18 years, we still have a lot of work to do
to make Olmstead's vision of choice and integration a reality for all
Americans. Far too many people who could be -- and who want to be -- living
independently in the community face barriers that force them into
institutions. That’s why ACL is committed to making home- and
community-based services more easily available, and to improving quality
and coordination of these services. We hope that by the time Olmstead
– and Emily – reach their next milestone birthday, all people with
disabilities and their families have the kinds of options Emily and her
family have had.
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