Desegregating Behavioral Health Care for Medicaid Youth

Authors

Caroline M. MarshFollow
Valarie K. Blake, University of Tennessee College of LawFollow

Document Type

Article

Abstract

The Supreme Court held in Olmstead v. L.C. ex rel. Zimring, 527 U.S. 581, 581 (1999) that it is a violation of the Americans with Disabilities Act (ADA) for states to rely on institutionalized care when home and community-based care is more appropriate. Yet, over a quarter of a century later, states persist in institutionalizing youth experiencing behavioral health disabilities. This article explores Olmstead’s impact thus far on deinstitutionalization of youth behavioral health care, and the limits of Olmstead as a vehicle for lasting change. We argue that, although recent enforcement actions reflect critical change, Olmstead enforcements alone cannot succeed in achieving the goal of deinstitutionalization. Therefore, federal and state governments must coordinate to prioritize further solutions and funding to achieve desegregation of behavioral health care for children through access to home and community-based care.

Recommended Citation

Caroline M. Marsh & Valarie K. Blake, Desegregating Behavioral Health Care for Medicaid Youth, 18 St. Louis U. J. Health L. & Pol'y (2024).
Available at: https://scholarship.law.slu.edu/jhlp/vol18/iss1/4