Olmstead Complaint

INDIVIDUALS SHOULD FILE

ADA INTEGRATION MANDATE COMPLAINTS WITH HHS/OCR

 

The U.S. Department of Health and Human Services, Office for Civil Rights is responsible for investigating complaints under Title II of the ADA and its implementing regulation (28 CFR 35.130 (d)), better known as the integration mandate.    As part of these efforts, OCR is asking P&As, to identify individuals who should be living in more integrated settings, but for the state=s failure to provide appropriate community services, and to assist these individuals to file integration mandate complaints with OCR.  OCR has authority to conduct compliance reviews with state programs and is prepared to contact states to discuss all complaints received.  OCR hopes to resolve complaints through cooperation with all interested parties.  The process usually involves an OCR investigation and if discrimination is found, negotiations with the state to voluntarily correct the discrimination. If negotiations are unsuccessful, enforcement proceedings may be instituted.

Indicate that the state is failing to provide the following individual(s) with appropriate home and community based services, resulting in institutionalization, (or risk of) in violation of his or her right under the ADA and its implementing regulation (28 CFR 35.130(d) to live in the most integrated setting appropriate.

 

Include the following information about the injured party(s):

*             name(s);

*             address(s);

C phone number(s) with area code; 

C age(s)

*          type(s) of disability;

*          type of facility, the individual(s) resides in, (e.g. psychiatric hospital, nursing home, ICF MR/DD, personal care home, jail, homeless shelter);

C If the injured party has a representative, indicate whether OCR should send copies of all future correspondence to that person.  Also, identify the person from whom OCR can obtain more information regarding this person.

*          If you file a complaint on someone else=s behalf include: your name, address, telephone number, and a statement of your relationship to that person (e.g. family member, attorney, advocate, friend, etc.). The signature of the injured party or his or her guardian is not necessary, but you should obtain it if you can.

 

Explain why you think the individual is appropriate for community services, and identify any other individuals who believe this person is appropriate for community services (e.g. treating physicians or professionals, family members, facility staff etc.)  Provide documentation if available.

 

Send the complaint to: Sheila Foran, Special Assistant to the Director, The Department of Health and Human Services, Office for Civil Rights, Room 509 F, 200 Independence Avenue, SW, Washington, D.C. 20201.  The National office will forward the complaint to the appropriate regional office.

 

Upon receipt of your complaint, OCR staff will review it to determine coverage under Title II of the ADA. If your complaint raises covered issues, an investigation will be initiated. If discrimination is found, OCR will negotiate with the state to voluntarily correct the discrimination. If negotiations are unsuccessful, enforcement proceedings may be instituted.