Yesterday marked the 27th anniversary of Olmstead v. L.C., one of the most important civil rights decisions for people with disabilities in our nation’s history. The 1999 Supreme Court ruling, grounded in the Americans with Disabilities Act, held that people with disabilities have a qualified right to receive supports and services in the community rather than in institutions, when appropriate and with their consent.
Last week, a memo from the U.S. Department of Justice (DOJ) Office of Legal Counsel (OLC) questioned the longstanding interpretation that the ADA requires public services to be delivered in the most integrated setting appropriate. While the opinion does not change the law or overturn Olmstead, it introduces uncertainty about how federal agencies may approach future enforcement of community integration protections.
For more than two decades, Olmstead has helped expand access to home- and community-based services, allowing people with disabilities greater choice, independence, and connection to their communities. Courts, federal agencies, and policymakers have repeatedly reinforced those principles through implementation of the ADA and Section 504 of the Rehabilitation Act.
Federal guidance has long recognized that unnecessary institutionalization can violate civil rights protections when people can safely receive care in their homes and communities.
The National Alliance for Caregiving is concerned that weakening community integration protections without simultaneously strengthening home- and community-based services and caregiver supports risks shifting even more responsibilities onto the shoulders of family caregivers. According to NAC and AARP research, nearly 60% of family caregivers are already in high-intensity caregiving situations.
“If this interpretation ultimately shapes federal action, it could undermine years of progress building the community-based infrastructure that people with disabilities and their family caregivers rely on,” says Jason Resendez, CEO at NAC. “Without adequate investment in services and supports, families face an impossible choice: unnecessary institutionalization or managing increasing complex care needs at home with insufficient help.”
Family caregivers are already stretched thin; navigating complex medical tasks, workforce disruption, financial strain and their own health challenges. Policies that weaken community supports without replacing them do not eliminate care needs. It simply transfers them to families.
NAC urges the Administration, Congress, DOJ, and HHS to ensure that any policy actions stemming from this opinion preserve access to community-based care and do not shift additional responsibilities onto the millions of family caregivers already providing complex care.
Family caregivers are not a policy safety net. They are partners in care who require investment, recognition, and support. NAC remains committed to advancing policies that protect community-living, strengthen home-and community-based services, and ensure family caregivers have the infrastructure they need to care with dignity and choice.
