State Legislators Get Help With Court Decision on People with Disabilities

Free, online resource to help with Olmstead compliance

WASHINGTON, D.C. -- A new, online resource from the National Conference of
State Legislatures (NCSL) is available to state legislators and others as
states attempt to comply with the Olmstead Supreme Court decision and meet
the needs of people with disabilities.

The States' Response to the Olmstead Decision: A Status Report found that
36 states have created task forces or commissions that are developing
comprehensive plans or recommendations for compliance with Olmstead. The
report also identifies several states that have already issued
comprehensive plans that could serve as models for other states as they
continue their planning processes.

"The 1999 Supreme Court decision encourages state policymakers to develop
plans for serving more people with disabilities and for reducing waiting
lists for community-based services," said Wendy Fox-Grage, Senior Policy
Specialist at the National Conference of State Legislatures. "What we have
found is that most states are addressing the issue head on through
planning, increased funding for home and community-based services and, in
many cases, both. Our hope is that this report will enhance informed
decision-making among state policymakers as they face the growing public
demand for these services."

In June 1999, the Supreme Court ruled in L.C. & E.W. vs. Olmstead that it
is a violation of the Americans with Disabilities Act for states to
discriminate against people with disabilities by providing services in
institutions when the individual could be served more appropriately in a
community-based setting. States are required to provide community-based
services for persons with disabilities if treatment professionals determine
that it is appropriate, the affected individuals do not object to such
placement and the state has the available resources to provide
community-based services. The Court suggests that a state could establish
compliance with the Americans with Disabilities Act if it has: 1) a
comprehensive, effective working plan for placing qualified people in less
restrictive settings, and 2) a waiting list for community-based services
that ensures people can come off the list at a reasonable pace and receive
services.

Funding for The States™ Response to the Olmstead Decision was provided by a
grant from The Robert Wood Johnson Foundation, Princeton, New Jersey. NCSL
is making the report available to all free of charge and it can be
downloaded from NCSL's website at http://www.ncsl.org (Click Public)

NCSL is a bipartisan organization serving state legislators and legislative
staff from the nation's 50 states, its commonwealths and territories.
NCSL's mission is to improve the quality and effectiveness of state
legislatures, foster interstate communications and cooperation, and provide
state legislatures with a strong, cohesive voice in the federal system.

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Information provided by Elizabeth Priaulx, NAPAS