The Supreme Court of the United States .
It has been 23 years since the U.S. Supreme Court’s Olmstead decision, which recognized that the Americans with Disabilities Act requires that people with disabilities receive services in the most integrated settings appropriate to their needs. Yet, many nursing facility residents remain unnecessarily institutionalized. The lack of affordable, accessible housing is consistently identified as the key roadblock to enabling nursing facility residents to move into the community.
In 1999, the Supreme Court recognized in Olmstead v. Zimring, 527 U.S. 581, 587 (1999) that unnecessary institutionalization of people with disabilities constitutes unlawful discrimination under the Americans with Disabilities Act (ADA). The ADA’s integration mandate extends to nursing facility residents, almost all of whom have disabilities. With appropriate community-based services and supports, most nursing facility residents could live in the community—even those who need extensive assistance with activities of daily living, nursing care or supervision.
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