On June 18, 2026 the U.S. Department of Justice (DOJ) Office of Legal Counsel (OLC) issued a memorandum https://www.justice.gov/olc/media/1446701/dl on how the federal government intends to approach community integration for people with disabilities.
What is Olmstead? In June 1999, the Supreme Court announced a decision in Olmstead v. L.C. and said that people with disabilities should not be forced to live in institutions if they can be safely supported and receive services in the community. The Court also ruled that unnecessary institutionalization is discrimination under Title II of the Americans with Disabilities Act (ADA).
Olmstead remains the controlling law, and disability rights remain unchanged. However, the memorandum may signal a potential shift in how the DOJ and federal agencies may approach enforcement and policy.
The National Coalition on Mental Health and Aging joins other national organizations in raising serious concerns about the potential impact of the DoJ memorandum on the mental health and independence of older adults and persons with disabilities, including:
- Reduced Federal Pressure on States: Without federal enforcement of the integration mandate, states face less pressure from the federal government to expand or maintain home- and community-based services (HCBS).
- Risk of Service Cuts: States may find it easier to scale back home-care benefits or shift resources away from community-based services.
- Risk to Aging in Place: Aging and disability groups warn that the shift encourages states to trim investments in in-home care.
- Loss of Personal Autonomy – potential reductions in consumer-directed services will reduce the ability of older adults and persons with disabilities to choose where and how they want to live.
- Increased Vulnerability to Institutionalization: Without federal enforcement supporting the right to community-based alternatives, older adults with chronic conditions, functional disabilities, and mental health concerns may face higher hurdles avoiding nursing home placement.
- State-by-State Disparities: Protection of older adults’ independence will likely vary wildly depending on state policy choices rather than uniform federal oversight and enforcement.
NCMHA will continue to monitor the implementation of the DoJ memorandum and inform policy-makers about its impact on older adults and individuals with disabilities.
Resources
Advance Care Alliance of New York:
The American Bar Association:
Narrowing Olmstead: A Response to the OLC’s June 2026 Memorandum
The Arc:
DOJ Olmstead Enforcement: Disability Rights Resources | The Arc
Bazelon Center for Mental Health Law:
Bazelon Statement on OLC Memo – 6.18.2026.docx
The Center for Medicare Advocacy:
The Disability Law Center:
DLC FACT SHEET: Department of Justice (DOJ) Memorandum on Olmstead – Disability Law Center, Utah
Justice in Aging:
New DOJ Guidance Threatens Community Integration – Justice in Aging
Mental Health America:
NAMI – National Alliance on Mental Illness:
NAMI Statement on DOJ Olmstead Opinion and Threat to Community-Based Care | NAMI
National Council on Mental Wellbeing:
National Council Statement on Department of Justice Memorandum
About NCMHA
The National Coalition on Mental Health and Aging is the leading voice on behavioral health for older Americans. We are an alliance of national, state, and local organizations and individuals concerned with the mental well-being of older adults. NCMHA is a non-profit 501(c)(3) organization. For more information go to: