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VA Olmstead Plan

This topic discusses the Olmstead Decision and the process to develop a plan for Virginia. You may read the topic in sequence or jump directly to one of the sections listed below.

·               Background

o    The Supreme Court Decision

o    What Olmstead Does NOT Say

o    The Presidents' Executive Order

o    Who is Affected

o    Virginia's Olmstead Planning

·               The Olmstead Task Force

·               The Olmstead Initiative

·               Continuing the Olmstead Initiative

·               The Olmstead Initiative under Governor Kaine

·               Contact Information

·               Additional Information

Background

The Supreme Court Decision

In 1999, the United States Supreme Court said in a decision called Olmstead v. L.C. that persons with disabilities who live in, are "at risk" of living in, or are eligible for placement in facilities or institutions, have a right to live in the community if:

·               They and their treatment teams agree that they can live successfully in the community;

·               They choose to live in the community; and

·               There are resources available to help them live in the community.

The court said that, under the Americans with Disabilities Act, it is a form of discrimination to isolate and segregate persons in institutions when they can live like other people in the community and enjoy the benefits of society. States must avoid disability-based discrimination unless doing so would "fundamentally alter the nature of the service, program, or activity" provided by the state.

Comprehensive information is available in the The Olmstead Decision topic.

What Olmstead Does NOT Say

The Olmstead Decision does NOT say:

·               That institutions must be closed;

·               That lack of resources alone is an acceptable excuse for failure to move eligible persons into the community;

·               That states' responsibilities are limitless;

·               That modifications must be made which would fundamentally change the nature of the service, program or activity.

The President's Executive Order

By a Presidential Executive Order, "the Federal Government must assist States and localities to implement swiftly the Olmstead decision", to help ensure that all Americans have the opportunity to live close to their families and friends, to live more independently, to engage in productive employment and to participate in community life.

Who is Affected

Olmstead applies to people with either physical or mental disabilities that substantially limit one or more major life activities. This includes people with disabilities who reside in institutions now and people with disabilities whose needs might make them consider an institution. Many places can be considered institutions, including state hospitals, training centers, nursing homes, and more.

Virginia's Olmstead Planning

Like all states, Virginia is required to ensure that people with disabilities who meet the requirements set forth in Olmstead can live in the community rather than in facilities and institutions. Many states have developed "Olmstead Plans," which are policies and procedures about how they will meet the requirements of the Olmstead decision. In Virginia, planning has occurred in two distinct phases, marked by the activities of an initial Task Force followed by an Implementation Team.

The Olmstead Task Force

With the support of former Governor Warner, the Olmstead Task Force was created by the General Assembly in the 2002 Appropriation Act. It was chaired by then Health and Human Resources Secretary, Jane H. Woods, and coordinated by the Department of Mental Health, Mental Retardation and Substance Abuse Services. The Task Force brought together individuals from all walks of life who have interests in doing what is best to assure Virginians with all types of physical, mental, or sensory disabilities have an opportunity to live in the community. Its 70 members included consumers, family members, advocates, providers, and 15 state agencies having responsibility for providing services to individuals with disabilities in the Commonwealth.

The Task Force gathered data on populations and services and examined the needs of individuals with disabilities in the areas of accountability, education, housing, employment, prevention and transition services, qualified providers, transportation and waivers. The Task Force submitted its Final Report on September 15, 2003 to former Governor Warner, the Joint Commission on Health Care, and the Chairs of the House Appropriations and Senate Finance Committee.

The Final Report of the Task Force to Develop an Olmstead Plan for Virginia is available in both Microsoft Word and PDF format (requires Adobe Acrobat Reader) online at:
http://www.olmsteadva.com/finalreport.htm

The Olmstead Initiative

On January 6, 2004, former Governor Warner issued Executive Order 61 (2004) to further the Olmstead implementation efforts in Virginia. This order establishes:

·               A Director of Community Integration for People with Disabilities.

·               A multi-agency Implementation Team.

·               A multi-stakeholder Oversight Advisory Committee.

The Governor directed four secretariats and 18 state agencies to cost out recommendations in the final Task Force Report and take implementation steps. He has created a 19 member Oversight Advisory Committee that advises the Implementation Team and oversees its efforts to implement the recommendations in the Report. This Committee is composed entirely of people with disabilities, family members of people with disabilities, advocates and providers. A Director of Community Integration for People with Disabilities chairs the Implementation Team and provides staff support to the Oversight Advisory Committee.

On July 15, 2004, the Implementation Team submitted its First Annual Report to the Oversight Advisory Committee. It is available in Microsoft Word format online at:
http://www.olmsteadva.com/Accomplishments2004.htm

Continuing the Olmstead Initiative

On January 14, 2005, former Governor Warner issued Executive Order 84 (2005) to continue the Olmstead initiative in Virginia. The Community Integration Oversight Advisory Committee's, Community Integration Implementation Team's, and Director of Community Integration for People With Disabilities' specific duties and responsibilities remain as stated in Executive Order 61 (2004), with the funding sources originally estimated, subject to certain additional duties and responsibilities.

The Committee and the Team were charged to collaborate and, using a strategic planning process, update and prioritize the recommendations in the Task Force Report. The reports submitted by the Implementation Team to the Oversight Advisory Committee and the Oversight Advisory Committee to the Governor will include recommendations for:

·               Increasing membership of people with disabilities, family members, and surrogate decision-makers on state and local boards and commissions.

·               Establishing and maintaining a waiting list of residents, by disability, who are appropriate for discharge, who want to be discharged, from nursing facilities and assisted living facilities.

·               Assuring an appropriate statewide system for reporting of allegations of abuse, neglect, serious injuries and deaths by providers of community services and supports to people with disabilities.

·               Developing a statewide system of consistent rights notification that includes a means by which the quality of information given to such individuals, and the consistency with which information is given, are tracked.

·               Monitoring the quality and coordination of services provided to persons with disabilities, including a process by which complaints relating to the denial, quality and coordination of services provided to persons with disabilities may be made by or on behalf of individuals with disabilities and resolved.

·               Developing a coordinated reporting system across agencies to monitor the effectiveness of efforts to improve the quality and coordination of services provided to persons with disabilities consistent with the Americans with Disabilities Act and recommendations in the Task Force Report, including a system to measure and evaluate the performance of the Commonwealth.

The Director will serve as a resource upon request of any agency to assist in developing and implementing agency policies and regulatory changes required. The Director will report annually to the Governor regarding the status of efforts to improve the quality and coordination of services and supports received by individuals with disabilities.

On July 15, 2005, the Implementation Team issued its Second Annual Report to the Oversight Advisory Committee. This Report describes the activities of the Team and the status of implementation of the Olmstead decision in Virginia from July 1, 2004 through June 30, 2005. The report and its appendices are available in Microsoft Word and Adobe Acrobat format at:
http://www.olmsteadva.com/Accomplishments2005.htm

The Olmstead Initiative under Governor Kaine

Following his inauguration January 14, Governor Timothy M. Kaine signed Executive Order 2 (2006), "Community Integration for Virginians with Disabilities." The Executive Order provides for an Implementation Team, Oversight Advisory Board, and Director of Community Integration for People with Disabilities until January 14, 2007.

Governor Kaine and the General Assembly worked together to establish a Community Integration Advisory Commission in the Code of Virginia for three years beginning July 1, 2006. The Commission takes the place of the previous Executive Order 2 Oversight Advisory Board. Appointments to the Commission are divided among the Governor, the Speaker of the House, and the Senate Rules Committee.

The Implementation Team submitted its Third Annual Report to the Oversight Advisory Board on July 18, 2006. This report summarizes development of the Cross-Governmental Community Integration Strategic Plan and other Team activities, and gives a comprehensive statewide summary of community integration initiatives, accomplishments and continuing challenges. The report and its appendices are available in Microsoft Word format at:
http://www.olmsteadva.com/Accomplishments2006.htm

The Governor issued Executive Directive 6 (2007) on May 18, 2007. It directs the Cabinet Secretaries, executive branch agencies and councils to work in close collaboration with the Community Integration Advisory Commission and to provide any information requested by the Commission to carry out its charge of monitoring community integration in the Commonwealth. It also directs certain Cabinet Secretaries and their respective executive branch agencies and councils to continue their collaborative efforts to complete and annually update a comprehensive, cross-governmental strategic plan designed to assure continued community integration of Virginians with disabilities. The directive is available in Microsoft Word format at:
http://www.olmsteadva.com/downloads/ed6-07-communityintegrationteam.doc

Contact Information

Office of Community Integration
Ninth Street Office Building
202 North Ninth Street
Suite 602
Richmond, Virginia 23219

Voice: (804) 371-0828
Fax: (804) 371-6484

Internet: http://www.olmsteadva.com/

Additional Information

The complete text of both Executive Order 61 (2004), establishing the Virginia Olmstead Implementation Initiative, and Executive Order 84 (2005), continuing the Virginia Olmstead Initiative, is available in DOC format (requires Microsoft Word) for downloading online at these URLs:
http://www.olmsteadva.com/downloads/ExecutiveOrder0612004.doc
http://www.olmsteadva.com/downloads/ExecutiveOrder08042005.doc

The complete text of Executive Order 2 (2006), Community Integration for Virginians with Disabilities, is available at this URL:
http://www.governor.virginia.gov/initiatives/ExecutiveOrders/2006/EO_2.cfm

See also:

The Olmstead Decision

Americans with Disabilities Act (ADA)

Source

Information for this topic was drawn from the Olmstead Project website at:
http://www.olmsteadva.com/

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