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Comments Encouraged on Olmstead Plan

The word “Olmstead” may mean little to most Americans, but the concept behind it may shape the future for each of us. Olmstead refers to an historic 1999 U.S. Supreme Court decision, Olmstead v. L.C., that focused on people with disabilities. The decision will also impact people not yet disabled — the baby who will be born with a developmental disability, the young adult who will develop a mental illness, or the vast wave of baby boomers who will age into the elderly and perhaps disabled Americans of tomorrow.

In the Olmstead decision, the Supreme Court found that the State of Georgia had violated the American's with Disabilities Act (“ADA”) by keeping two women in a state institution who could have been served in the community. The ADA, signed into law by President George Bush in 1990, prevents discrimination toward and promotes the integration of people with disabilities into their local communities. The holding in the Olmstead case is that:

The Court directly stated that “Unjustified isolation . . . is properly regarded as discrimination based on disability.” It observed that:

(a) institutional placement of persons who can handle and benefit from community settings perpetuates unwarranted assumptions that persons so isolated are incapable or unworthy of participating in community life, and

(b) confinement in an institution severely diminishes the everyday life activities of individuals, including family relations, social contacts, work options, economic independence, educational advancement, and cultural enrichment.

The Court suggested one action that a state could take to establish compliance with the Americans with Disabilities Act is to develop a comprehensive, effectively working plan for placing qualified people in less restrictive settings.

The Governor's Integrated Services Taskforce (GIST) was established to help write an Olmstead Plan for Arkansas. Since July 2001, the GIST has held over a dozen full meetings and many more subcommittee meetings. On May 28, 2002, the GIST approved 114 recommendations. At that point, development of the plan began, first by a writing committee and then by DHS staff. The draft was presented to the GIST on October 11, 2002.

Some of the highlights of the plan include:

1. Major changes to the State's mental health care system, including a request for $11.6 million in new state funding to implement the changes during the next biennium.

2. Quicker access to home- and community-based care services, including a request for $6.4 million in new state funds for the DDS waiver. These funds will be used to match Medicaid, which means over $20 million in total spending over the biennium.

3. Assess all individuals (private pay and Medicaid) seeking to enter an institution to determine eligibility and fully inform them of their community options. The face-to-face assessment will occur prior to entering an institution and will be conducted by professionals independent of any service organization.

4. Allow money to follow the client. With the support of a State Innovation Grant from HHS, Arkansas will allow Medicaid beneficiaries who live in nursing homes an option to receive a cash allowance to live in their own homes. If just 5% of institutional dollars follow the client into the community through this program, over $20 million will move from institutional to home- and community-based care.

Other recommendations include:

Public comments are sought on the Arkansas Draft Olmstead Plan. The Plan can be viewed and downloaded at the following web site: http://www.state.ar.us/dhs/aging/olmarplandraft0210.html
Copies may also be obtained by calling 501-682-8520.

Written comments should be submitted to the following address by Friday, November 22, 2002.

Rebecca B. Tucker
Office of Chief Counsel
AR Department of Human Services
PO Box 1437 Slot S260
Little Rock, AR 72203-1437