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Table of Contents

1. Introduction.

2. What is Olmstead?.

3. Why is Olmstead important?.

4. State Olmstead plans and alternative strategies.

5. Olmstead and Olmstead-related lawsuits.

6. Key trends.

7. References.

8. Download PDF or Word document of entire report.

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Home and Community-Based PAS > Reports > Introduction to Olmstead Lawsuits and Olmstead Plans

Key Trends

A detailed analysis of the lawsuits is not included in this commentary although some analysis may be developed in the future. Nevertheless, important results raised by the collation of the data in one table are noted below:

  • The total number of (reported) cases is 130. (It is important to note that the table includes lawsuits for 51 states plus a case from the territory of Guam, which has had one lawsuit).
  • There are 9 states where no reported lawsuits have been found. These are; Idaho, Iowa, Missouri, New Jersey, North Dakota, South Carolina, South Dakota, Vermont and Wisconsin.
  • The state with the most (reported) lawsuits is Pennsylvania (14), followed by California (12). Of the 14 cases in Pennsylvania, 10 are closed and 3 are open (one is unconfirmed). The open cases in Pennsylvania were all filed after the Olmstead case (from 2000 onwards), two of the open cases concern plaintiffs with MR/DD and the other concerns plaintiffs with mental illness.
  • The most common number of (Olmstead and Related) cases per state (mode) is 2 (14 states). 10 states have 1 case and 7 states have 3 cases.
  • Of the lawsuits reportedly filed after the Olmstead decision (1999), there was a peak of 23 lawsuits filed in 2000, 12 were filed in 2001 and 15 in 2002, 16 in 2003.
  • Approximately one fifth (25) of the lawsuits are categorized as Olmstead type cases.
  • 29 states have published Olmstead plans and 4 states are developing Olmstead plans.
  • 14 states have developed alternative responses to Olmstead.

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