"The Virtual Center for Independent Living for West Virginia""The Virtual Center for Independent Living for West Virginia"Home > Advocacy in Action > 2007 Olmstead Priorities and Issues
The Olmstead Office has identified priority areas and issues to be addressed in 2007. The overarching goal for 2007 is the implementation of West Virginia's Olmstead Plan. The specific priorities and issues are identified below.
The Olmstead Office is committed to obtaining the support necessary to implement the Olmstead Plan, Building Inclusive Communities. The plan has been formally endorsed by Governor Manchin through Executive Order 11-05. The Department of Health and Human Resources (DHHR) is requesting an additional $300,000 through an improvement package for annual on-going funding. This improvement package will be considered by Governor Manchin for inclusion in the budget presented to the legislature during the 2007 regular session.
The Olmstead Office is contracting with a nationally recognized consulting firm to conduct a "Money Follows the Person (MFP) and Rebalancing" study of West Virginia's long term care system. The Olmstead Office is committed in utilizing the study to promote a comprehensive plan or roadmap for implementation of the recommended strategies. It is critical to utilize MFP and rebalancing strategies to implement Title II of the ADA and the Olmstead decision in West Virginia.
The Olmstead Office is committed to working with state officials, and stakeholders in identifying strategies to increase supports for people who are under-served or un-served throughout West Virginia. This includes: people with mental illness, substance abuse, physical disabilities, developmental disabilities, and acquired disabilities. In addition, people who have co-occurring disabilities are particularly at-risk of being under-served or un-served. Individuals who are in this category are at an increased risk of being institutionalized.
The Olmstead Office is committed to working with state officials, and stakeholders to eliminate the waiting lists for the Aged and Disabled Waiver Program, and the MR/DD Waiver Program. Title II of the ADA, as re-affirmed by the Olmstead decision, requires states to provide people with disabilities service and support options in the most integrated setting in the community. Both waiting lists impede the State from completely enforcing this mandate.
The Olmstead Office is committed to working with state officials, and stakeholders to provide West Virginia citizens with a realistic alternative to nursing facility care. The Aged and Disabled Waiver Program must be re-structured to provide the supports and services people need to have a functional choice between institutional and community-based support. In addition to increasing the amount of support available per day, respite care services are vital to individuals who rely on family and friends for informal in-home support.
Implementation of a Statewide Transition/Diversion Program The Olmstead Office is working with the Bureau for Medical Services and other agencies within the Department of Health and Human Resources (DHHR) to develop a statewide transition and diversion program through a regional network. This program will encompass much of the informed choice, identification, transition, and diversion components of the Olmstead Plan.
Olmstead v. L.C. (1999) is a landmark United States Supreme Court decision upholding the civil rights of people with disabilities to receive community-based services and supports.
The case was filed on behalf of two women who were residents of the Georgia Regional Hospital in Atlanta, a state psychiatric hospital. Both women had a developmental disability and co-occurring mental illness.
Both of the women wanted to leave the hospital to receive supports in the community. The hospital's treatment professionals agreed that the needs of both women could be met in community-based settings. Nonetheless, both women remained institutionalized well after they and their team requested community placement.
A lawsuit was filed on behalf of both women, and others similarly situated, against the state of Georgia. The lawsuit alleged that the state's failure to provide community-based supports was a form of discrimination prohibited by the Americans with Disabilities Act (ADA).
The Americans with Disabilities Act (ADA) is a civil rights law enacted to "provide a clear and comprehensive prohibition of discrimination on the basis of disability."
Title II of the ADA serves as the basis for the Olmstead decision. Title II established the requirements for public entities, including state governments and health care services, which are funded and administered by state agencies.
Two key regulations under Title II of the ADA were fundamental to the Olmstead decision: the "integration" regulation and the "reasonable modifications" regulation.
Integration Regulation mandates that states will "administer services in the most integrated setting appropriate to meet the needs of individuals with disabilities."
Reasonable Modifications Regulation mandates that states "will make reasonable modifications in policies, practices, or procedures to avoid discrimination on the basis of disability."
The Supreme Court ruled that the "reasonable modifications" standard could be met if the State has:
The decision set three conditions that must be met before a state is required to transition an individual from an institutional setting.
The Olmstead decision protects individuals of any age who have a disability, covered by the ADA, to receive supports in the most integrated setting who are:
The Olmstead decision affects any institutional or segregated settings where individuals are supported by public funding, such as Medicaid. Some examples are:
On October 12, 2005, Governor Joe Manchin III signed Executive Order 11-05 to formally approve and order the implementation of the Olmstead Plan within the budgetary constraints of the State.
The executive order states the following directives:
West Virginia's Olmstead Plan is categorized into ten key components. These components are described below.
In 2003, Governor Bob Wise directed the establishment of an Olmstead Coordinator to develop, implement, and monitor West Virginia's Olmstead activities.
The Olmstead Coordinator established an Olmstead Advisory Council through a statewide nomination process. The majority (70%) of the Council is comprised of people with disabilities, family members, and advocates.
The role of the Council is to:
The Council is in the beginning stages of creating by-laws to provide an organized structure and management of the Council. This should be finalized by March of 2007.
The Olmstead Office provides information, referral, and assistance services to West Virginia citizens concerning Olmstead-related issues. The following further details these services:
Some facts about filing an Olmstead complaint:
The Office for Civil Rights (OCR) is the agency under the U.S. Department of Health and Human Services that is responsible for investigating discrimination complaints under the ADA.
Any person who believes they have been subjected to discrimination on the basis of disability by a health or human service program may file a complaint with OCR.
Complaints filed with OCR must be in writing and filed within 180 days from the date of the alleged discrimination.
Anyone who wishes to file an Olmstead-related complaint with the OCR should contact the Regional office at (800) 368-1019 or at www.hhs.gov/ocr.
Office of the Ombudsman for Behavioral Health
Olmstead Office
State Capitol Complex
Building 6, Room 850
Charleston, West Virginia 25305
Phone: 304-558-3287
Fax: 304-558-2378
Tina Maher, Olmstead Coordinator.
West Virginia Olmstead Website
www.mtstcil.org
