Feasibility of an exemption from the Olmstead law for Nebraska

2014

Kellie Ellerbusch
[email protected]
402-559-4892

In 1990 Congress passed the Americans with Disabilities Act in part to eliminate discrimination based on disability. Part of Title II of the ADA contains what is known as the Integration Mandate, which requires that a person who is receiving services from any public entity be served in the most integrated setting appropriate to his or her needs. The Supreme Court in Olmstead held unjustified segregation is discrimination under the Integration Mandate. Study of the legal cases on point and Nebraskas response to Olmstead suggests it may be prudent for Nebraska to reconsider its interpretation before any suit is brought. Nebraska has a unique interpretation of Olmstead and has not shown solid progress reducing the number of people institutionalized. There are other considerations including the question of what qualifies as institutionalization and how the anti-segregation ruling may affect other areas of service provision.

Olmstead, Olmstead exemption, Implementation

Conference presentations and posters presented

Consumers/Families, Professionals, Policymakers, Students

Electronic (disc, CD, 508 compliant web posting)

[email protected]

N/A