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SRES 790

A resolution recognizing and honoring the 27th anniversary of the Supreme Court decision in Olmstead v L.C.

119th Congress Introduced by Michael Bennet and 13 co-sponsors

Senate resolution urges rescinding a DOJ opinion and strengthens bipartisan support to protect and expand Medicaid funded home- and community-based services for disabled individual

Submitted in Senate
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Bill Summary · SRES 790

Bill Summary: S. Res. 790 (117th Congress context referenced in text; presented as 119th Congress, 2nd Session)

Note: This is a Senate resolution, not a bill proposing new law. It commemorates a landmark Supreme Court decision (Olmstead v. L.C.) and expresses views on related policy issues. It does not amend statutory text or create new program authorities, but it makes statements of recognition, condemnation of a Department of Justice opinion, and policy exhortations.

Purpose and intent

  • Recognize and honor the 27th anniversary of the Supreme Court decision Olmstead v. L.C. (1999), which held that states must provide individuals with disabilities the opportunity to receive long-term services in community-based settings when appropriate.
  • Acknowledge the impact of the Olmstead decision and the broader integration mandate within the Americans with Disabilities Act (ADA) and Section 504 of the Rehabilitation Act.
  • Condemn a Department of Justice (DOJ) opinion issued June 18, 2026 that the resolution characterizes as incorrect and out of step with the understanding of Olmstead and current federal law.
  • Call for policy actions, including rescission of the DOJ opinion and strengthened support for home- and community-based services (HCBS) funded by Medicaid.

Key provisions and statements

The resolution includes several operative and declaratory elements:

  • Recognition that there are over 70,000,000 adults with disabilities in the United States (context for policy importance).
  • Reiteration of the nondiscrimination framework established by Section 504 and its implementation rules, and the evolution toward the ADA’s integration mandate.
  • Recitation of Olmstead’s core holding: States should offer qualified individuals with disabilities the choice to receive long-term services in community-based settings.
  • Emphasis on the dangers of unnecessary institutionalization and segregation, which Olmstead aimed to prevent.
  • Statement that the integration mandate has been reaffirmed by courts, Congress, and federal regulations.
  • Assertion that many individuals have benefited from home- and community-based services (HCBS) under Medicaid, enabling community living.
  • Critique of the DOJ opinion (dated June 18, 2026) as flawed and out of step with established law and federal court understanding.
  • Calls for:
    • Immediate rescission or reversal of the DOJ opinion regarding the integration mandate.
    • Bipartisan congressional action to reverse significant Medicaid cuts and to increase funding for HCBS.

Who and what is affected

  • Affected parties: Individuals with disabilities who rely on or could benefit from community-based long-term services and supports; policymakers and federal agencies (especially DOJ and CMS within the Department of Health and Human Services) responsible for interpretations and funding of disability services.
  • Financial/programmatic impacts: The resolution urges reversing Medicaid cuts and increasing funding for HCBS, signaling legislative pressure for more robust funding and support for community-based care models.

Procedural and timeline aspects

  • Introduction and sponsorship: Submitted June 24, 2026, in the Senate, with a bipartisan set of co-sponsors.
  • Referral: Referred to the Committee on the Judiciary.
  • Nature: A Senate resolution (not a bill) that expresses recognition, policy positions, and calls for action; does not itself authorize new programs or funding, though it signals legislative priorities and may influence subsequent legislation.

Notable details

  • Cites historical regulatory actions under Section 504 (1977, 1978) and the ADA’s integration requirement.
  • References DOJ’s 2026 opinion as a point of contention and a policy battleground.
  • Strong emphasis on Medicaid HCBS funding adequacy and the need to resist further reductions.

Practical takeaway

This resolution serves to:
- Honor Olmstead and the integration principle.
- Publicly oppose a DOJ interpretation perceived as undermining that principle.
- Rally bipartisan support to protect and expand HCBS funding within Medicaid and to reduce or reverse ongoing/proposed cuts.
- Signal legislative intent to prioritize community-based options for people with disabilities.

Compiled from official sources — confirm details with the bill’s official record.

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