Part 3: How to Advocate for Your Rights  

You have the right to receive services at home or in the community rather than in an institution. In 1990, Congress passed the Americans with Disabilities Act (ADA). The ADA includes the Integration Mandate, which requires states to administer programs in “the most integrated setting appropriate to the needs of qualified individuals with disabilities.” In 1999, the United States Supreme Court interpreted this mandate in a case known as Olmstead v. LC.  It held that the unjustified institutionalization of people with disabilities by the state government is discrimination. The Court held that States must ensure access to community-based services for people with disabilities when

• The treatment team decides the services are appropriate
• The person does not oppose community-based services
• The State can reasonably provide the community-based services, taking into account its available resources and the needs of other individuals receiving disability services.

The Medicaid program provides an important way for people with disabilities to receive services needed to help them live in the community safely. States administering the Medicaid program must comply with the Olmstead decision.