Statement from Commissioner Dr. Ann Sullivan regarding DOJ’s Memorandum Opinion on Olmstead v. L.C

June 24, 2026

The New York State Office of Mental Health will always fully support policies that ensure people with disabilities can live in their communities and receive comprehensive community-based services. The memorandum opinion released last week by DOJ's Office of Legal Counsel offers a new interpretation of the 1999 Supreme Court case, Olmstead v. L.C., which held that, under the Americans with Disabilities Act, individuals with disabilities should receive services in the most integrated setting appropriate to their needs when community-based services are appropriate and can be reasonably accommodated.

Community-based support is a critical component in OMH's mission to provide hope, recovery and resilience to all New Yorkers experiencing or living with mental illness. Under Governor Hochul, New York State has invested more than $2 billion into strengthening the continuum of mental health care, with most of this funding earmarked for programs to help people receive care and succeed within their community. This includes funding thousands of new units of specialized housing, expanding programs like Assertive Community Treatment, Intensive and Sustained Engagement Teams, establishing Critical Time Intervention teams, and tripling the number of Certified Community Behavioral Health Clinics -all efforts to ensure New Yorkers can access care in a surrounding where they are most likely to thrive.

We recognize that this DOJ memo has raised serious concerns. However, this memorandum is not legally binding, and OMH remains steadfast in its commitment to advancing access to services and supports that enable individuals to live in the most integrated setting appropriate to their needs, consistent with federal and state law.

OMH joins with our fellow human services agencies and fully supports the continued strong protection of the rights of individuals with disabilities to receive services and support that promote independence, community participation, and informed choice regarding where they live and receive their care.

Dr. Ann Sullivan

Commissioner, New York State Office of Mental Health