Number: R40106
Title: Olmstead v. L.C.: Judicial Developments
Authors: Carol J. Toland, Legislative Attorney 
Abstract: The Supreme Court ruled in Olmstead v. L.C. that Title II of the Americans with Disabilities Act (ADA) requires states to transfer individuals with mental disabilities into community settings rather than institutions when a state treatment professional has determined such an environment is appropriate, the community placement is not opposed by the individual with a disability, and the placement can be reasonably accommodated. Most subsequent litigation has focused on whether state programs for individuals with developmental disabilities, including Medicaid waiver programs, have adequately complied with the Olmstead decision. This report will discuss the Supreme Court's decision, selected subsequent appellate court decisions, and related legislation in the 110th Congress.
Pages: 5
Date: December 3, 2008