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Filing an Olmstead Complaint with the Office of Civil Rights
Date: May 2001
Prepared by: Legal Advocacy Team
What is an Olmstead Complaint?
"Olmstead" refers to a Supreme Court decision made in 1999 that clarified the meaning of Title II of the Americans with Disabilities Act (ADA). In that case, which was called Olmstead v. L.C, the Supreme Court said that unjustified institutionalization, segregation, or isolation of persons with disabilities was discrimination. Thus, under Olmstead, the state has an obligation to provide services to an individual in the most integrated setting appropriate to her or his needs. To put it another way, an individual is being discriminated against if s/he can receive services in a community-based setting, but state or local government officials continue to provide those services in an institutional setting. When an individual is not being served in the most integrated setting, the individual can file a complaint with the federal Office of Civil Rights (OCR), claiming that they are being discriminated against under the ADA. This is commonly called an Olmstead complaint.
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What is the Office of Civil Rights and what does it do?
OCR is an agency of the federal government and is responsible for enforcing Title II of the ADA within state and local health care and human service agencies. OCR investigates discrimination complaints against all organizations that receive funds from the United States Department of Health and Human Services.
When OCR receives a complaint, they assign a team to review the complaint to determine if OCR has jurisdiction to investigate further. They are authorized to investigate discrimination complaints based on race, skin color, national origin, gender, religion, age, or disability. OCR has jurisdiction over Olmstead complaints because they involve discrimination based on disability.
When OCR has determined that they have jurisdiction, an investigator is assigned to the case who will contact the person who filed the complaint (OCR calls this person the complainant) to learn more about the situation. Next, the investigator will contact the organization against whom the complaint was filed (OCR calls this organization the recipient). The investigator will ask the recipient for information about the situation that led to the complaint. When the investigator has finished the investigation, s/he will send a "Letter of Finding" to both the complainant and the recipient. If the investigator determines that there was, indeed, discrimination, OCR will assist the individual in negotiating with the recipient to eliminate the discrimination. If the dispute cannot be resolved through these discussions, OCR may pursue enforcement, including the recipient’s loss of federal funds. If OCR does not find a violation, it will provide the complainant with information about how to file an "administrative review" if they wish to continue with their complaint.
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Who can file an Olmstead Complaint?
Any person who believes they have been discriminated against may file a complaint. Another person can file the complaint on behalf of the person who was allegedly discriminated against, whether they are related to that person or not. When filing a complaint with OCR, it is important to do so within 180 days of the date the discrimination allegedly took place. OCR may extend the deadline if the complainant can show "good cause" for the delay.
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How to file an Olmstead Complaint:
To file an Olmstead complaint with OCR you need to submit the complaint in writing and you must sign it. OCR has created a complaint form that you can use, or you can submit the complaint on your own paper. At the end of this article, there is a link to a complaint form for you to use if you wish.
MINIMUM AMOUNT OF INFORMATION YOU SHOULD PROVIDE
When writing out your complaint, you must provide the following information:
 | Name of the person being discriminated against (the complainant). |
| Phone number where the complainant can be reached. |
| Current address or facility where the complainant lives. |
| A statement that the complainant wishes to move out of the facility and into a more integrated setting (based on the Olmstead decision). |
| A statement that the complainant is being discriminated against based on a disability. |
| The name, signature, address, and phone number of the person filing the complaint (if different than the complainant). |
| The date the complaint is written. |
ADDITIONAL SUPPORTING INFORMATION
The more information you provide, the more likely that OCR will take the complaint seriously, complete a thorough investigation, and attempt to resolve the issue. Additional information you may want to include could be:
| Letters or other documents from professionals such as social workers or psychologists employed by the state or the facility where the individual lives agreeing that the individual should be served in a more integrated setting. The individual’s treatment team may also be willing to write a letter, or they may have made similar comments in the individual’s file. If these professionals do not support the individual’s attempt to live in a more integrated setting, write down the reasons why you believe that they are withholding their support. Include letters from other professionals stating that the individual should be served in a more integrated setting. |
| A description of the steps already taken to obtain a discharge to a community placement and of the obstacles that have prevented the discharge from occurring. |
| A written record about the length of time the individual has resided in the facility, and how long the individual has desired to move to a community setting. |
| A description of the supports available in the community that can assist the individual and for which s/he qualifies. |
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Where to file an Olmstead Complaint:
Mail the complaint to:
Office of Civil Rights
U.S. Dept. of Health and Human Services
2201 Sixth Ave. M/S: RX - 11
Seattle, WA 98121
After filing your complaint, you should always follow up with a phone call to
OCR. The phone number at OCR is 1-800-362-1710.
To view or print easy-to-use complaint forms, click one of the links below.
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Residents of Eastern or Western State Hospital - MS Word document
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Residents of Eastern or Western State Hospital - text only
► RHC residents
- MS Word document
► RHC
residents - text only
Want more information about OCR and your rights? Try these web pages:
| OCR Home Page |
| OCR Fact Sheet: Your Rights under the Americans with Disabilities Act |
| OCR Fact Sheet: Your Rights under Section 504 of the Rehabilitation Act |
This publication is an information service of the Washington Protection & Advocacy System (WPAS). It provides general information only and should not be used as legal advice for any specific situation. If you would like more information about this topic, call us and ask for a Resource Advocate.
To receive this document in an alternative format, such as large print or Braille, please call Washington Protection & Advocacy System (WPAS) at 1-800-562-2702.
WPAS is a member of the National Disability Rights
Network
A substantial portion
of the WPAS budget is federally funded.
