Last Thursday and again yesterday, members of the South Carolina Senate Medical Affairs Subcommittee met to discuss Senate Bill 2 (S.2), that has been introduced after the United States Department of Justice filed a lawsuit against the state in December for noncompliance with the Americans with Disabilities Act. The lawsuit states that South Carolina is in violation of the ADA and the Olmstead decision by unnecessarily segregating adults with mental illness in adult care homes.

There are many parallels between the language in the bill and the recommendations IMPH published in its 2023 report: Opportunities for South Carolina to Strengthen Home and Community-Based Services for People with Disabilities.

In a reorganization of the current agency structure, S.2 would establish the Department of Behavioral Health and Developmental Disabilities. This restructuring would rename the South Carolina Department of Disabilities and Special Needs, the Department of Mental Health, and the Department of Alcohol and Other Drug Abuse Services and bring them under the governor’s oversight as a single cabinet agency. The bill also:

• Requires the development of an Olmstead Plan to increase access to home and community-based services.
• Outlines guidelines for hiring staff to oversee its implementation.
• Establishes the formation of an advisory committee that guides implementation of the plan.

In preparation for this bill hearing, IMPH has provided legislators and staff with a one-pager that includes:

• An overview of the Olmstead Decision.
• An overview of Olmstead in South Carolina.
• Recommendations for action included in IMPH’s 2023 report.

During these two hearings, individuals with personal experiences and advocates including Disability Rights South Carolina—IMPH’s partners in this work—shared their insights with the subcommittee members.

The committee adopted several amendments to refine the bill’s scope, adjust its language, and loop in other state agencies to execute the Olmstead Plan. After these modifications, the subcommittee gave the bill a favorable report, and it will now move forward to the full Senate Medical Affairs Committee.