06/19/2026
This week, the Department of Justice's Office of Legal Counsel released a new legal opinion stating that states are not actually required by law to provide community-based or home-based care for people with mental, physical, and intellectual disabilities .
This reinterprets Olmstead v. L.C., the landmark 1999 Supreme Court case that established the right of people with disabilities to receive services in their communities rather than being unnecessarily placed in institutions. Civil rights experts say this finding runs counter to long-standing legal precedent and could lead to greater rates of institutionalization for people with disabilities.
The Olmstead decision has long been considered foundational to disability rights, allowing people to be part of their families, attend school, and remain active in their communities. While this new opinion does not change existing law or set legal precedent, it could significantly shift how the DOJ and the Department of Health and Human Services enforce discrimination complaints from people receiving state-funded care going forward.
At the SILC, we remain committed to the principle that all Alaskans with disabilities deserve the right to live, work, and participate fully in their own communities. We will continue to monitor this development and its implications for independent living across the country.
https://www.cbsnews.com/news/doj-disability-opinion-community-care/?fbclid=IwY2xjawSiRxlleHRuA2FlbQIxMQBzcnRjBmFwcF9pZBAyMjIwMzkxNzg4MjAwODkyAAEee-9LEKilOJRLeiafg4PzclcIyA3GTSNnBSOJCtoHDuvtdJfGZQlQvQiBDl4_aem_R9XDf_TtDgt66byjV8rYaQ
The Office of Legal Counsel opinion released Thursday said states aren't required by law to integrate mentally disabled patients with their peers by providing community or home-based care.