National Data on Olmstead Related Litigation

In 1999, the Supreme Court ruling in the Olmstead case found that institutionalization of individuals who are able and want to receive care at home and in the community constitutes discrimination under the Americans for Disabilities Act (ADA). Since then, consumers and advocacy groups have utilized the integration mandate of the Olmstead ruling to seek deinstitutionalization and increased Home and Community-Based Services (HCBS). Using data collected from web-based searches, this study examined the trends in Olmstead and related cases against states between 1999 and 2011. The findings show there were a total of 124 cases filed during the period and 95 cases were resolved through court rulings and settlements. A significant number of cases (61) were granted class action status by courts and many class action cases are settled, leading to deinstitutionalization and added HCBS. In addition, a majority of cases were filed by the persons with MR/DD or mental illness (56%). These court cases have played an important role in encouraging states to expand access to HCBS programs and to transfer individuals out of institutions. With the ever growing number of persons added to waiting lists for HCBS across states, there is a need for states to address the issue of Olmstead compliance before costly litigation.