AOTA update: Recent DOJ memorandum on Olmstead enforcement
On June 18, 2026, the U.S. Department of Justice (DOJ)’s Office of Legal Counsel (OLC) issued a memorandum reinterpreting federal disability civil rights obligations under the Americans with Disabilities Act (ADA) and Section 504 of the Rehabilitation Act, as they relate to the Supreme Court’s decision in Olmstead v. L.C.
The OLC memo argues that federal courts have misinterpreted the Olmstead decision and that while the ADA and Section 504 prohibit discrimination, they do not require states to provide services in community-based settings. This is a significant departure from how the law has been understood and enforced for more than 25 years. Prior to now, the Olmstead decision has been interpreted to require that services be provided in the most integrated setting appropriate to an individual’s needs.
What the Memo Does and Does Not Do
The memo does not change the law, overturn the Olmstead decision, or invalidate existing court orders. Courts are not bound by OLC opinions and must still apply the law (in this case, the ADA, Section 504) and Supreme Court precedent when deciding cases. However, the memo signals a meaningful shift in how the federal government intends to approach disability rights related to accessing services in community-based settings going forward.
Because OLC opinions apply to all executive branch agencies, this interpretation will most likely affect how DOJ and the Department of Health and Human Services enforce disability rights or choose not to. Most immediately, it puts existing Olmstead enforcement agreements and settlements at risk. Over the past two decades, DOJ has used the Olmstead framework to secure consent decrees and settlement agreements in states across the country. These settlements have historically pushed states to expand community-based services and have reduced reliance on institutional settings for care provision.
Why This Matters for Occupational Therapy
Any shift in how the Olmstead protections are interpreted or enforced could affect access to the services and supports that enable individuals to live, work, and participate fully in their communities, the goal of occupational therapy. Community-based care is central to occupational therapy practice and outcomes. The Olmstead decision affirmed the right of individuals with disabilities to receive services in the most integrated setting appropriate. The recent DOJ memorandum may undermine access to community-based services and force people back into facility-based settings to receive the healthcare services and supports they need. AOTA will engage with federal partners and coalitions to protect the rights of people with disabilities to live and participate fully in their communities, and work with state associations to understand the memo's potential impact on how care is provided in their states.