ACA Shares NCMHA Statement on DOJ Olmstead Memorandum

As a member of the National Coalition on Mental Health and Aging (NCMHA), ACA is joining our coalition colleagues in sharing important information about a recent U.S. Department of Justice (DOJ) memorandum concerning Olmstead v. L.C. and the right of people with disabilities to receive services in community-based settings.

In 1999, the U.S. Supreme Court ruled in Olmstead v. L.C. that unjustified institutional isolation of people with disabilities can constitute discrimination under Title II of the Americans with Disabilities Act (ADA). The court held that states are required to provide community-based treatment when treatment professionals determine that community placement is appropriate, the individual does not oppose it and the placement can be reasonably accommodated considering available state resources and the needs of others receiving disability services.

The DOJ’s June 2026 memorandum argues for a narrower interpretation of the ADA, Section 504 of the Rehabilitation Act and the Olmstead decision. Importantly, the memorandum does not overturn Olmstead. Olmstead is a U.S. Supreme Court decision and remains controlling law. However, the memorandum may affect how the federal government interprets and enforces federal disability protections related to community integration, potentially weakening federal enforcement of Olmstead and discouraging states from investing in community-based care.

This issue has direct implications for mental healthcare and the counseling profession. Olmstead itself arose from the experiences of two women with mental health and developmental disabilities who remained institutionalized even after treatment professionals determined that they could appropriately receive services in the community. In the decades since, Olmstead has helped shape systems that support people with mental health conditions in community settings rather than unnecessarily segregated or institutional environments.

Community-based mental health services, including outpatient counseling, crisis services, supportive housing programs, intensive community-based treatment, and other behavioral health supports, can help individuals remain connected to their families, employment, education, and communities. Changes in federal enforcement could affect state decisions about how resources are allocated between institutional and community-based systems of care, potentially creating significant differences in access from state to state.

For professional counselors, these developments are important both for the clients they serve and for the systems in which counselors practice. Reduced access to community-based support can affect continuity of care, increase pressure on crisis and inpatient systems and make it more difficult for counselors and other behavioral health professionals to help clients maintain stability and independence in their communities.

ACA will continue working with NCMHA and our other coalition partners to monitor developments related to Olmstead, community-based mental healthcare and disability rights, and to keep counselors informed about policy changes that may affect their practice and the people they serve.

Read the NCMHA statement and accompanying resources:
NCMHA Statement on the Potential Impact of the Department of Justice Olmstead Memorandum on the Community Integration of Individuals with Disabilities

If you have any questions or would like to become more involved in ACA’s advocacy, contact us at advocacy@counseling.org.