CLRP

Right to Receive Health Care in the Most Integrated Setting

People with disabilities have the right to receive health care from DMHAS in the most integrated setting. The Americans with Disabilities Act and the Rehabilitation Act require that the State of Connecticut ensure that its health care programs are provided to people in the most integrated setting. In 1999, United States Supreme Court, in Olmstead v. L.C, held that the ADA requires states to administer state health programs so that they provide services and support to people in the most integrated setting. The Court held that unnecessary institutionalization is discrimination based on disability if the person with a disability requests discharge, the treating professionals recommend discharge to the community, and there is an opening in the housing or residential services program. The right is not absolute and not immediate, but the state must have adequate capacity in community and residential programs so that the waiting lists move at a reasonable pace. CLRP advocates for discharge within 30 days but of no longer than 90 to 120 days. Unnecessary institutionalization is discrimination because it segregates and isolates people from participation in community activities including family relations, work, education, friends, phones, internet, art, music, food/restaurants and social interaction.