National Health Policy Forum

Background Paper

Date: MARCH 12, 2003
Title:
Is Community Care a Civil Right? The
Unfolding Saga of the Olmstead Decision
PDF Doc.
Author: Randy A. Desonia
Summary: This paper lays the groundwork for understanding the implications of the historic U.S. Supreme Court decision in the case of Olmstead v. L.C., which has far-reaching consequences for the long-term care of people with disabilities. The paper reviews the critical components influencing the case: the Medicaid program’s role in funding community-based long-term care; the Americans with Disabilities Act, which serves as the statutory basis for the decision; and the Court’s legal reasoning. The paper also describes the federal and state responses to the ruling and concludes with a brief discussion of some legal issues that will be debated in the courts.
Related
Materials:
See also the entry for the related Forum Session (November 23, 2003).

Other related Forum products include "National Spending for Long-Term Services and Supports" (The Basics, March 15, 2011), and Forum sessions on Medicaid managed long-term care (April 2008), consumer direction and Money Follows the Person (November 2008), and informal caregiving (September 2007).