NC Olmstead

NCDHHS is recognizing the 23rd anniversary of the U.S. Supreme Court’s landmark Olmstead decision on June 22, 2022, by spotlighting real North Carolina stories that embody the principles of Olmstead. Read more.

Jan. 12, 2022 Update: NCDHHS published its Olmstead Plan, designed to assist people with disabilities who receive or are eligible for publicly-funded services to reside in and experience the full benefit of being part of day-to-day life in communities alongside those without disabilities. Developed with stakeholders from across the state, the plan’s goal is to divert people from entering institutions and to support those wishing to leave. Download the plan at the link below.

North Carolina Olmstead Plan

Public Comments

The public comment period for the draft Olmstead plan closed on Nov. 8, 2021.

Background

Olmstead v. L.C., 527 U.S. 581 (1999), is a U.S. Supreme Court case that laid the groundwork for people with disabilities to live their lives as fully included members of the community. The case addressed the Americans with Disabilities Act’s (ADA) “integration mandate.” The integration mandate requires that all public entities, including the State of North Carolina, “administer services, programs, and activities” for people with disabilities in the most integrated setting appropriate to the person’s needs. “Most integrated setting” has been defined as one that enables people with disabilities to interact “to the fullest extent possible” with individuals that don’t have a disability. Specifically, the case requires states to provide services in the community for eligible persons with disability when (a) such services are appropriate; (b) the affected persons do not oppose community-based treatment; and (c) community-based services can be “reasonably accommodated.”

In Olmstead, the Supreme Court also urged states to develop a “comprehensive, effectively working plan” for transitioning people to the community. North Carolina Department of Health and Human Services (NCDHHS) has initiated the development of its Olmstead Plan under the leadership of the Office of the Senior Advisor on the ADA.

High Level Objectives of the Olmstead Plan

Transformative
Comprehensive
Realistic
Actionable
Achievable
Goal Oriented
Trackable
Scalable

The Organizational Structure of Olmstead Planning

Olmstead Executive Leadership Team
- DHHS Leadership
Olmstead Plan Stakeholder Advisory (OPSA)
- Consumer/Family/Advocacy Groups
- DHHS Divisions/Offices
- Professional Organizations and Agencies
- Members of NC General Assembly
Staff Work Group
- Subject Matter Expert
- Data Expertise

We have partners

Technical Assistance Collaborative (TAC), in partnership with the Human Services Research Institute (HSRI), is working with NCDHHS in developing the Olmstead Plan. TAC/HSRI will:

Access relevant data sources
Identify gaps in data
Assess services, policies, regulations, contracts, and funding patterns
Interview key stakeholders (e.g., service recipients, providers, agency staff) to identify opportunities for enhancing compliance with Olmstead
Host focus groups to gather input from people with lived experience and families
Report to DHHS and OPSA
Support OPSA to advise NCDHHS in its work to develop a comprehensive, effectively working plan