OLMSTEAD UPDATE
On November 9, 2007 the following message was sent by Laurie Burgess and Ellie Shea-Delaney, from EOHHS:
Dear Members of the Systems Transformation Grant Subcommittees:
We are writing to invite you to participate on an exciting, newly created, short-term subcommittee of the Systems Transformation Grant, the Olmstead Plan group. In recent weeks, Governor Patrick has expressed a desire to have an updated Olmstead Plan delivered to his office by March 2008. In response to this request, we are implementing this Olmstead Planning process as an appropriate activity to be addressed under the auspices of our Systems Transformation work. We anticipate that the Olmstead Plan Subcommittee will work intensively to:
• create a draft work plan in concert with the Administration that outlines what we have accomplished since the first Olmstead Planning phase in 2003-2003, what we have yet to focus on or complete, and steps for doing so, and,
• assist with designing and orchestrating a public process for vetting the new plan.
As part of this process, we will be providing the Governor an update on progress made and current planning and implementation activities, as they relate to recommendations that were presented in the People’s Plan and the Enhancing Community Based Services Plan (ECBS Plan), two reports produced in 2002 and 2003. The update will also include our proposed strategy for how we will use the Systems Transformation Grant subcommittee process, engage the public, and produce a plan. The Governor has requested that we provide the progress update by December 1, 2007, that we solicit public input over the winter and early spring, and that we submit a plan by March 2008.
In order to accomplish this ambitious work we anticipate that this new Systems Transformation Grant subcommittee will begin meeting the third week in November and will meet intensively, every two weeks or more often, until we have submitted the plan. We would expect that those of you interested in participating on the subcommittee will be able to make a firm commitment to participation on this very important new group. We will also create a process to keep everyone involved with the Grant, but who are not able to commit to subcommittee attendance, apprised of the group’s progress.
The group met on November 19, 2007 and plans to meet roughly every other week.
Questions or concerns, contact:
Dede Alley at 617-442-4111, or dede@m-power.org
updated November 2007
By
Wendy Fox-Grage
Kevin Horahan
Donna Folkemer
March 2001
In June 1999, the Supreme Court ruled in L.C. & E.W. vs. Olmstead that it is a violation of the Americans with Disabilities Act for states to discriminate against people by providing services in institutions when the individual could be served more appropriately in a community-based setting. States are required to provide community-based services for people with disabilities if treatment professionals determine that it is appropriate, the affected individuals do not object to such placement, and the state has the available resources to provide community-based services. The court suggests that a state could establish compliance with the Americans with Disabilities Act if it has 1) a comprehensive and effective working plan for placing qualified people in less restrictive settings, and 2) a waiting list for community-based services that ensures people can come of the list at a reasonable pace and receive services.
Purpose of the study
In light of this ruling, the National Conference of State Legislatures (NCSL) conducted a 50-state survey to determine the initial state responses to the Olmstead decision. The purpose of this study is to enhance informed decision making by helping state policy makers understand the choices states are making and the options that are available to meet the needs of people with disabilities.
The study is appropriately called a status report because states are in the early stages of implementing the Olmstead decision. The long-term effects of the decision are still unknown. NCSL will continue to track activity involving the implementation of the Olmstead decision and update this report pending permanent funding which NCSL is currently seeking.
Conclusion
At this point in time, it is too early to determine the full effects of the Olmstead decision. Every state is moving toward more home and community-based services, although some are moving faster than others. However, this study shows that most states are responding to the Olmstead decision by developing a plan, or appropriating more money toward home and community-based services, or in many cases are doing both.
The court's decision has caused providers, consumers, and state officials to come together with the shared commitment to provide more community-based services and reduce the waiting list for such services. It also has caused the federal government to revise its policies in this area and to offer states flexibility and funding for them to develop innovative solutions. At the same time, Several lawsuits have been filed or are pending in the states as a result of a lack of home and community-based alternatives. Olmstead implementation will take many years, and it involves not only health care but transportation, housing, education, and other social supports to fully intergrate people with disabilities into the least restrictive settings.
This study is a work in progress. Contact Wendy Fox-Grage at (202) 624-3571 or email at wendy.fox-grage@ncsl.org if the authors have incorrectly reported or inadvertently omitted certain Olmstead activities.