Wednesday, October 26, 2011

OCR Findings Olmstead Findings Letter Sent to Georgia DCH

Georgia Department of Community Health
In a letter of findings to the Georgia Department of Community Health, OCR found the entity failed to assist the complainant in moving out of a nursing home and back into the community as required by the Olmstead decision. In Olmstead, the Supreme Court held that the ADA requires public entities to provide community-based services to persons with disabilities when such services are appropriate; the affected persons do not oppose community-based treatment; and community-based services can be reasonably accommodated. This complainant has lived in a nursing home for 17 years and has been very clear about her desire to move to the community. She has been determined by her doctor to be appropriate for community placement and the state has made no showing that such services cannot be reasonably accommodated.
People who believe that an entity receiving federal financial assistance has discriminated against them (or someone else) on the basis of disability, may file a complaint with OCR at:
Summaries of each of these enforcement efforts can be found on OCR’s website: For more information on community living and Olmstead please visit:

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