Exactly 27 years ago this week, the Supreme Court in Olmstead v. L.C. affirmed that unnecessary institutionalization of people with disabilities constitutes disability discrimination under the Americans with Disabilities Act (ADA). This landmark ruling opened the door for millions of people, including older adults, to live and receive care in their homes and communities rather than being segregated in nursing facilities and other institutions. As our population ages and more people develop long-term care needs, Olmstead has served as a roadmap for how growing older in America should be.
Last week, the Department of Justice (DOJ) took an alarming step backward, issuing a memorandum that undermines Olmstead and decades of settled legal interpretation by asserting that the ADA does not guarantee people with disabilities the right to live and receive services in integrated community settings. This position stands in stark contrast to every other administration’s position in the last 30 years.
Since Olmstead, federal policymakers have consistently supported states in expanding Home and Community-Based Services (HCBS) for people with disabilities and for older adults who rely on long‑term care. These bipartisan efforts have worked: today more than 8 million people receive HCBS, and more Medicaid dollars are spent on HCBS than institutional services. Fewer older adults are utilizing nursing facilities and instead receive long-term care in their homes which they overwhelmingly prefer. That progress is now in great jeopardy.
While the DOJ memorandum does not overturn Olmstead or any federal law, it sends a dangerous signal that the administration may not enforce the integration mandate or support the programs that are essential to community living and aging at home. In the wake of Congress enacting H.R. 1 and the largest ever cuts to Medicaid, HCBS is already in the crosshairs in every state. As a result, older adults and people with disabilities will face fewer services, reduced independence, and increased institutionalization.
Justice in Aging strongly condemns the DOJ’s position and remains steadfast in our commitment to defending Olmstead, protecting and expanding home-based care, and ensuring that older adults and people with disabilities can live safely, independently, and with dignity in their communities.
