State Olmstead Duties Aren't Dependent Upon What's Covered By Medicaid
This is really important to remember, especially in the current political climate.
7. May the ADA and Olmstead require states to provide additional services, or services to additional individuals, than are provided for in their Medicaid programs?
A: A state’s obligations under the ADA are independent from the requirements of the Medicaid program.
Providing services beyond what a state currently provides under Medicaid may not cause a fundamental alteration, and the ADA may require states to provide those services, under certain circumstances.
For example, the fact that a state is permitted to “cap” the number of individuals it serves in a particular waiver program under the Medicaid Act does not exempt the state from serving additional people in the community to comply with the ADA or other laws
As this video for the European Network of Independent Living makes clear, one of the conditions to Swedish success in de-institutionalization for people with disabilities was that Sweden adequately funded services in the community. Further, one of the narrators from Bulgaria notes approvingly that there are NO homeless people with disabilities in Sweden. Well, that didn't just magically happen. One of the things that we've got that Sweden doesn't is the Americans with Disabilities Act (ADA) and 1999 US Supreme Court Olmstead Decision.
State Compliance w/ Olmstead Of course, the ADA & Olmstead have to be either complied with or enforced. It looks like the State is taking some steps in the right direction when it comes to compliance. We will be looking to see how this shakes out. We did learn the hard way that we need partners if we are to successfully mount an Olmstead Class Action. We anticipate that being our report to the Colorado Lawyers Committee after the Legislative Session.