Olmstead and Section 504: What recent changes mean for people with disabilities

Your disability civil rights have not disappeared.

Monday, September 28, 2026

Olmstead and Section 504: What Recent Changes Mean for People with Disabilities

Recent federal actions involving Section 504 of the Rehabilitation Act and the Olmstead decision have raised questions about the rights of people with disabilities to live, receive services, and participate in their communities.

Some federal rules and enforcement policies have changed. Your disability civil rights have not disappeared.

What happened?

  • In 2024, the U.S. Department of Health and Human Services (HHS) updated its regulations implementing Section 504 of the Rehabilitation Act. Among other protections, the regulations included specific requirements addressing community integration and the unnecessary segregation or institutionalization of people with disabilities.
  • Several states challenged portions of those regulations in a federal lawsuit known as Texas v. Kennedy.
  • On September 23, 2026, a federal court approved an agreement between the federal government and the states remaining in the lawsuit. The court removed several community-integration provisions from the 2024 HHS Section 504 regulations.

This means that some of the newer federal regulatory language explaining how the integration requirement applies to HHS-funded programs is no longer in effect.

What did not change?

This is important:

Section 504 continues to prohibit disability discrimination by programs and organizations receiving federal financial assistance. The ADA continues to prohibit disability discrimination in state and local government programs and in other areas covered by the law.

The Supreme Court's 1999 decision in Olmstead v. L.C. also remains in place. In that case, the Court held that unjustified institutional isolation of people with disabilities can constitute discrimination under Title II of the ADA when community placement is appropriate, the individual does not oppose it, and the placement can be reasonably accommodated considering available resources and the needs of others receiving services.

Why are people concerned?

Although these underlying laws and the Olmstead decision remain in place, the federal government's approach to enforcing them has changed.

In June 2026, the U.S. Department of Justice's Office of Legal Counsel issued an opinion taking the position that Section 504 and Title II of the ADA do not themselves impose a broad requirement that states provide services in the most integrated setting appropriate.

In July 2026, the Department of Justice also announced that it would no longer rely on its 2011 Olmstead guidance when enforcing Title II of the ADA.

The September court order then removed the integration-related provisions from the 2024 HHS Section 504 regulations.

Together, these actions may mean less federal regulatory guidance and a different federal enforcement approach to community integration. They may also create uncertainty about how states and service systems interpret their responsibilities.

They do not, however, mean that a state, provider, school, hospital, or other covered organization can simply disregard disability civil rights.

What does this mean for me?

If you are a person with a disability, do not assume that you have lost your rights because of these recent changes. You still have the right to be free from disability discrimination under applicable federal law.

Depending on the circumstances, you may still have rights related to:

  • Equal access to programs, services, health care, education, and other activities covered by federal disability law.
  • Reasonable modifications when needed to access a program or service.
  • Effective communication.
  • Accessible programs, services, and facilities as required by applicable law.
  • Protection from disability discrimination by organizations receiving federal funding.
  • Protection from unjustified institutional isolation under the ADA as recognized by the Supreme Court in Olmstead.
  • Participation in decisions about where and how you receive services.

If someone tells you, “Olmstead no longer applies," ask questions.

You might say:

  • “Can you explain what law or policy you are relying on? My understanding is that the Supreme Court's Olmstead decision and the ADA remain in effect.”
  • Ask the organization to provide its decision and the reason for that decision in writing.
  • If you are being told that you must move into an institution, leave your home, give up a community-based service, or accept a more restrictive setting in order to receive needed support, consider seeking advocacy or legal assistance before assuming that the decision is final.

If your services are being reduced or changed

If you receive Medicaid, home- and community-based services, behavioral health services, developmental disability services, personal assistance, or another publicly funded service, pay close attention to written notices.

Ask:

  • What service is changing? Why is it changing? What law or policy authorizes the change? When will the change happen? Do I have a right to appeal? Can my current services continue while I appeal? What community-based alternatives were considered?
  • Keep copies of notices, emails, assessments, service plans, and other records.
  • Deadlines for grievances, appeals, administrative hearings, or legal claims can be short. If you disagree with a decision, ask about your appeal rights as soon as possible.

Your preferences still matter

The recent federal actions should not be interpreted to mean that institutional care is now preferred over community living.

The Olmstead decision itself remains Supreme Court precedent. It recognized that unjustified institutional isolation can constitute disability discrimination.

People with disabilities should continue to be included in decisions about their lives, services, supports, health care, and living arrangements.

A person's support needs should not automatically determine where that person must live.

What should families and supporters do?

  • Families, caregivers, advocates, and supporters can help by listening first to what the person with a disability wants.
  • When services are being discussed, ask whether the person has been offered meaningful choices and whether less restrictive, community-based options have been considered.
  • Document changes in services and request written explanations when services are denied, reduced, or moved to a more restrictive setting.
  • Most importantly, do not assume that recent federal developments automatically eliminate an individual's existing rights or require a change in placement or services.

The bottom line

  • The legal and regulatory environment surrounding community integration is changing, and additional court decisions, federal policies, or guidance may follow.
  • But the September 2026 court action did not erase disability civil rights.
  • Section 504 remains law.
  • The Americans with Disabilities Act remains law.
  • Olmstead v. L.C. remains Supreme Court precedent.

People with disabilities should continue to ask questions, participate in decisions about their services and living arrangements, request decisions in writing, use available appeal processes, and seek advocacy or legal assistance when they believe their rights are being denied.

Do not give up a right because someone tells you that “504 changed” or “Olmstead is gone.” Ask what changed, ask how it applies to you, and ask for the decision in writing.

Resources and more info:

What's next?

WV legislator contact info:

Call Senator Jim Justice
202-224-3954 | Contact Senator Justice

Call Senator Shelley Moore Capito
202-224-6472 | Contact Senator Capito

Call Representative Carol Miller
202-225-3452 | Contact Representative Miller

Call Representative Riley Moore
202-225-2711 | Contact Representative Moore