[Congressional Record Volume 155, Number 98 (Friday, June 26, 2009)]
[Extensions of Remarks]
[Page E1612]
From the Congressional Record Online through the Government Publishing Office [www.gpo.gov]




   IN RECOGNITION OF THE TENTH ANNIVERSARY OF THE OLMSTEAD DECISION 
         SUPPORTING CIVIL RIGHTS FOR PERSONS WITH DISABILITIES

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                          HON. DANNY K. DAVIS

                              of illinois

                    in the house of representatives

                         Friday, June 26, 2009

  Mr. DAVIS of Illinois. Madam Speaker, I want to take this moment to 
recognize the tenth anniversary of a monumental United States Supreme 
Court decision that represented a great advance in our contemporary 
civil rights struggle. On June 22, 1999, the United States Supreme 
Court asserted the right of individuals with disabilities to reside in 
their community via a 6-3 ruling. The Olmstead v. L.C. decision stated 
that making services for disabled individuals available only in 
institutions, thereby forcing them out of their homes, went against the 
Americans with Disabilities Act. Essentially, the Olmstead decision 
clarified the fact that the Americans with Disabilities Act gives 
individuals with disabilities the right to choose to receive their care 
in the community rather than in an institutional setting. Provision of 
care within one's community via personal care assistants is cost-
effective and improves the quality of life of persons with 
disabilities. Studies show the cost of providing services in the 
community is much lower than in institutionalized settings, thereby 
allowing more individuals to receive services for the same cost. In 
addition, the ability to receive community based services and supports 
improves the ability of persons with disabilities to lead independent 
lives, work, and participate in their communities.
  The federal government bears the responsibility of restructuring our 
current health care system. The inequities that exist in our health 
care system are profoundly disturbing. It is essential that we take the 
steps necessary to create an overhaul of the health care system that is 
both moral and practical. As Reverend Dr. Martin Luther King, Jr., once 
said: ``Of all the forms of inequality injustice, health care is the 
most shocking and inhumane.'' In this spirit, I urge concerned citizens 
to mobilize to help us create a system that best serves those in our 
society who have limited resources.
  As a policymaker who is adamant about improving health care for 
persons with disabilities, I believe it is imperative that the health 
care reform legislation that Congress intends to enact this year take a 
substantial step forward in requiring that all Medicaid-eligible 
individuals with disabilities have a choice between receiving care at 
home or in an institution. The option to receive care in one's 
community is critical to conforming to the goal of the Americans with 
Disabilities Act and with the Olmstead decision.
  The Olmstead decision was a great step forward in allowing persons 
with disabilities the option to receive care in their own community. 
The tenth anniversary of the Olmstead decision symbolizes the struggle 
to create more options in our current health care system. We must 
strive to include the tenets of the Olmstead decision in our health 
care reform plans. Including provisions that provide choice in location 
of care to Medicaid-eligible persons with disabilities in comprehensive 
health care reform legislation would be a wonderful way to mark the 
tenth anniversary of the Olmstead decision.

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