June 22, 2020 Lance Robertson,
ACL Administrator and Assistant Secretary for Aging
Twenty one years ago today, the United States
Supreme Court ruled in Olmstead v L.C. that people with
disabilities cannot be unnecessarily segregated into institutions (like nursing
homes and other facilities) and must receive services in the most integrated
setting possible. Olmstead has transformed the way our nation thinks about, and
funds, services for people with disabilities of all ages.
This ruling and the passage of the Americans
with Disabilities Act and other disability rights legislation mark critical
disability rights milestones. Together, they continue to create new
opportunities for people with disabilities and older adults to participate
fully in their communities.
The principles of nondiscrimination and
community inclusion and integration are even more critical as we face a global
COVID-19 pandemic and its economic consequences.
Many people with disabilities face greater risk
of serious illness from the virus. At the same time, the pandemic has strained
many of the home and community-based systems and supports that people with
disabilities and older adults rely on to live safely and independently in the
community.
Since the pandemic began, we have been working
with partners including HHS’ Office for Civil Rights and FEMA to address
critical issues such as illegal discrimination in rationing
of care and providing the flexibility providers
and our networks need to serve older adults and people with
disabilities.
Across the country, our networks also have risen
to the challenge of this emergency. From developing creative new service
delivery models, to supporting transitions back into the community after
hospital visits, to ensuring that state and local
policies are consistent with Olmstead and the ADA, they are working
tirelessly to support the rights and independence of the people they serve.
As we pause to celebrate 21 years of progress,
and look forward to celebrating 30 years of the Americans with Disabilities
Act, we know that too many people with disabilities and older adults who want
to live and fully participate in the community do not have that option. The
COVID-19 pandemic only increases the urgency of – and ACL’s commitment to –
working to make Olmstead’s promise a reality.
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