The right to live in the community
People with IDD have the right to live, work, and spend time in the community, not apart from it. Two big rules protect that.
This page is general information in plain language. It is not legal advice. For help with your own situation, contact one of the free helpers listed on this page.
The Olmstead decision
In 1999, the U.S. Supreme Court ruled in Olmstead v. L.C. that keeping people with disabilities in institutions when they could live in the community, and want to, is discrimination under the ADA. States must offer community services when they fit the person.
The HCBS Settings Rule
Places paid by Medicaid home and community-based services (waivers) must meet federal rules. They must:
- Be part of the community, with real access to jobs, shops, and activities
- Let you choose where you live, including non-disability options
- Respect your privacy, dignity, and freedom from restraint
- Let you choose your daily schedule, activities, and who supports you
- In provider-owned homes: give you a lease or similar protection, a door that locks, choice of roommate, visitors at any time, and food at any time
A provider can only limit one of these rights for a specific reason written into your person-centered plan, with your agreement.
Person-centered planning
Your service plan must be built around what matters to you. You can invite who you want to the meeting, and you get a copy of the plan.
Last reviewed: October 2026. Laws, dollar amounts, and program rules change. Check with the agency named on this page before you make a decision.