[20000531]RS20588_Olmstead v.L.C.：影响和随后的司法、行政和立法行动.pdf

1 Olmstead v. L. C., 119 S.Ct.2176, 527 U.S. 581, 144 L.Ed.2d 540 (1999).2 Supra note 1 at 2185. Congressional Research Service The Library of CongressCRS Report for CongressReceived through the CRS WebOrder Code RS20588May 31, 2000Olmstead v. L.C.: Implications and SubsequentJudicial, Administrative, and Legislative ActionsMelinda De AtleyLaw ClerkAmerican Law Division(name redacted)Legislative AttorneyAmerican Law DivisionSummaryThe Supreme Court ruled in Olmstead v. L.C. that Title II of the Americans withDisabilities Act (ADA) requires states to transfer individuals with mental disabilities intocommunity settings rather than institutions when a state treatment professional hasdetermined the appropriateness of such an environment, the community placement is notopposed by the individual with a disability, and the placement can be reasonablyaccommodated. The Health Care Financing Administration (HCFA), as a response tothe Supreme Courts decision, sent a letter to states on January 14, 2000 outlininginterim guidance for compliance with the requirements of Title II of the ADA regardingcommunity based services. This report will discuss the Supreme Courts decision,subsequent lower cou