California Governor Issues State 'Olmstead' Executive Order

California Governor Issues State
'Olmstead' Executive Order

The following, courtesy of the Self-Advocacy Association's Steve Holmes, describes California's move towards implementing the Olmstead requirement for states to support their citizens with disabilities into the 'most integrated setting.'

EXECUTIVE DEPARTMENT

STATE OF CALIFORNIA

EXECUTIVE ORDER S-18-04

by the Governor of the State of California

WHEREAS, unnecessary institutional placement of individuals with disabilities adversely affects the everyday life activities, family relations, social contacts, work options, economic independence, and cultural enrichment of those institutionalized persons; and

WHEREAS, the state has a responsibility to protect against the unnecessary institutionalization of individuals with disabilities; and

WHEREAS, the opportunity to direct one's own affairs, live independently, and attain economic self-sufficiency is an essential component of developing self-worth and personal responsibility; and

WHEREAS, direction has been provided to states under the Americans with Disabilities Act and the United States Supreme Court's decision in Olmstead v. L.C.; and

WHEREAS, community-based care and services can be more cost effective than institutional care, and result in a higher quality of life that promotes the values of community participation, inclusiveness, and respect for diversity; and

WHEREAS, the active involvement of people with disabilities and their representatives in the development and implementation of activities designed to move people into, or allow them to remain in, community-based settings is critical to insuring effective strategies; and

WHEREAS, California has a demonstrated record of success in providing services that support the full integration of persons with disabilities in community life through such programs as In-Home Supportive Services, Medi-Cal, community mental health, and the comprehensive array of services defined under the Lanterman Act; and

WHEREAS, it is possible to build upon California's previous success to improve procedures and implement new tools that will enable more people to fully access their communities.

NOW, THEREFORE, I, ARNOLD SCHWARZENEGGER, Governor of the State of California, by virtue of the power vested in me by the Constitution and Statutes of the State of California, do hereby issue this order effective immediately:

1. The state affirms its commitment to provide services to people with disabilities in the most integrated setting, and to adopt and adhere to policies and practices that make it possible for persons with disabilities to remain in their communities and avoid unnecessary institutionalization.

2. The California Health and Human Services Agency (HHSA) shall do all of the following:

A. Assess the state's ability to reasonably accommodate new and improved efforts to prevent unnecessary institutionalization of individuals with disabilities and to facilitate or expand community-based services and supports.

B. Evaluate the May 2003, California Olmstead Plan and make revisions as necessary to insure that it will result in positive action toward the objectives of providing services to people with disabilities in the most integrated setting possible, and enabling persons with disabilities to remain in their communities and avoid unnecessary institutionalization.

C. Identify additional strategies to identify Californians who could be served successfully in non-institutional settings and the barriers to these individuals moving at a reasonable pace from, or avoiding admittance to, institutional long-term care facilities.

D. Research funding opportunities to support expanded or new activities to support individuals with disabilities in their communities.

E. Develop recommendations for changes in state policies that will remove programmatic and fiscal incentives for institutional placement and increase opportunities to utilize community-based services.

F. Develop recommendations for changes in federal policies that will remove programmatic and fiscal incentives for institutional placement and explore options for expanding or modifying the state Medicaid plan or Medicaid waivers.

3. In order to inform the Administration's understanding of the current system and future opportunities and insure the involvement of persons with disabilities and other system stakeholders, the Olmstead Advisory Committee (Committee) is established within the HHSA.

A. The Secretary of HHSA shall select the members of the committee who shall serve at the Secretary's pleasure. The membership of the Committee shall represent the diversity of California's citizenry with respect to culture, language, geography, and disability, including psychiatric, developmental, sensory, cognitive, and physical disabilities. Furthermore, family members, representatives of statewide advocacy organizations, long-term care providers, and city and county governments may also serve on the Committee. Members of the Committee shall serve on a volunteer basis without compensation.

B. The Committee will provide input to the HHSA on its efforts to evaluate, revise, implement, and monitor the Olmstead Plan, on recommended actions to improve California's long-term care system, and on opportunities to fund

expanded or new activities to support individuals with disabilities in their community.

4. All state agencies and departments are hereby directed to cooperate with and assist the HHSA in carrying out its duties under this Executive Order.

I FURTHER DIRECT that as soon as hereafter possible, this order be filed in the Office of the Secretary of State and that widespread publicity and notice be given to this order.

This order is not intended to, and does not create any right or benefits, substantive or procedural, enforceable at law or in equity, against the State of California, its departments, agencies, or other entities, its officers or employees, or any other person.

IN WITNESS WHEREOF I have here unto set my hand and caused the Great Seal of the State of California to be affixed this the twenty-seventh day of September 2004.

/s/ Arnold Schwarzenegger

Governor of California

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Last Updated on 10/06/04 webmaster@namiscc.org

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