Council
Members
The Most integrated Setting Coordinating Council is created
within the Executive Department, and is to be comprised of :
The Commissioner of the Department of Health
The Commissioner of the Office of Mental Retardation and
Developmental Disabilities
The Commissioner of the Office of Mental Health
The Commissioner of the Department of Transportation
The Commissioner of the Office of Children and Family Services
The Commissioner of the Office of Alcohol and Substance Abuse
Services
The Commissioner of the Department of Education
The Commissioner of the Division of Housing and Community Renewal
The Director of the Office for the Aging
A representative from the Office of the Advocate for Persons with
Disabilities
A representative from the Commission on Quality Care for the
Mentally Disabled
3 Consumers of services for individuals with disabilities- one to be
appointed by the Governor, one to be appointed by the Temporary
President of the Senate, and one to be appointed by the Speaker of
the Assembly
3 individuals with expertise in or recipients of services available
to senior citizens with disabilities- one to be appointed by the
Governor, one to be appointed by the Temporary President of the
Senate and one to be appointed by the Speaker of the Assembly.
Responsibilities
of the Council
The Council will meet at lease once per quarter, and the chair will
rotate among the Commissioners of the Department of Health, Office
of Mental Health, OMRDD, and the Director of the Office for Aging.
The
Council is charged with the following tasks:
1) To determine the number of individuals with disabilities
who are
a. Currently institutionalized and are
eligible for
community-based
services;
b. Residing in the community and dependent
on the assistance of community based services to avoid
institutionalization;
2) Develop a single assessment process, implemented by one
community-based agency, through the use of a uniform assessment tool
3) Identify what community-based services are available
in the State of New York;
4) Assess what improvements need to be made to the system of
community-based services to ensure that it meets the needs of and
provides adequate supports for individuals with disabilities living
in the community;
5) Examine how the identified community-based services
integrate individuals with disabilities into the community;
6) Review existing funding sources in an effort to increase
the availability of community-based services, and conduct an
analysis of how these varied funding streams can be organized into a
coherent system of long-term care;
7) Assess how well the current system works for different
populations
8) Conduct an examination of waiting lists;
9) Examine current information, education, outreach and
referral systems and evaluate the feasibility of creating a
toll-free information hotline;
10) Examine how quality assurance and quality improvement can
be conducted effectively;
11) Conduct an examination of how the overall system of
health and long term care can best be managed so that placement in
the most integrated setting becomes the norm.
The
Council shall provide a report to the Governor, the Temporary
President of the Senate and the Speaker of the Assembly in one year,
and annually thereafter.
For the
full text of the bill, click here.
New York
State Is Awarded Systems Change Grant
The New York State Department of Health was awarded a
2002 Real Choice Systems Change Grant by the Centers for Medicare
and Medicaid Services (CMS). The award totals $1.385 million and
will run for three years, from September 30, 2002 through September
30, 2005. CMS staff have confirmed that no additional awards are
anticipated at this time.
The purpose of the Real Choice Systems Change Grant is
to allow States and others, in partnership with their disability and
aging communities, to design and implement effective and enduring
improvements in community long term care support systems. Contingent
upon federal approval of the revised grant narrative, the Department
anticipates issuance of a Fall 2002 Request for Applications (RFA)
for entities wishing to apply for demonstration funding.
The Department
of Health has been holding collaborative meetings in an effort to
achieve true community input in drafting the grant narrative. The final grant application must be to CMS by July 10,
2002, so we will post the full text of the application as soon as it
is available.
Summary of the
Olmstead Decision and State Plans for Compliance
In Olmstead
v. L.C. and E.W., 119 S.Ct. 2176 (1999), the Supreme Court
stated loud and clear that the denial of community placements to
individuals with disabilities is precisely the kind of segregation
that Congress sought to eliminate in passing the Americans with
Disabilities Act (ADA). The Supreme Court correctly noted that
unnecessary segregation and institutionalization constitute
discrimination and violate the ADA's "integration mandate"
unless certain defenses are established. The decision presents new
opportunities for advocating for community-based services and
supports for people with disabilities.
The decision says a state may have a defense to lawsuits challenging
the state's failure to serve individuals in the most integrated
setting appropriate if it has a "comprehensive, effectively
working plan for placing qualified persons with mental disabilities
in less restrictive settings."
The Court did not define a "comprehensive" plan. It seems
appropriate that a "comprehensive" plan is one that
addresses the placement needs of all individuals who are
unnecessarily institutionalized or at risk of institutionalization.
A state may have different plans to address different populations,
as long as the needs of all individuals unnecessarily
institutionalized are addressed. Neither does the Court define
"effective." It seems logical however that an
"effective" plan must have certain important
elements.
The guiding principle reflected in this template is that the state
must develop and enhance community programs and services so that
each individual resident can move to the most integrated setting
appropriate to meet his or her needs. The community program and
service shall promote choice, independence and dignity.
State plans must
include the following elements:
Element 1:
Participation of key stakeholders in the development of the plan.
Element 2: Needs Assessment Process
Element 3: Development of new community services and
supportive infrastructure.
Element 4: Transition services to prepare individuals
for a change in placement.
Element 5: Data collection which is individualized and
tied to individual program plan.
Element 6: Outcomes measurement and target dates.
Element 7: Monitoring/Quality assurance.
Element 8: Resource Development.
Element 9: The state plan shall be reviewed, revised
and updated every two years or sooner if appropriate.
(Source: National Association of Protection and Advocacy Systems)
To find out more
about the key elements which must be included in State Plans, visit
the web site of the National Association of Protection and Advocacy
Systems:
http://www.protectionandadvocacy.com/temploct12.htm
Web Site Links
on Olmstead
The following web
site links provide extensive information on the Olmstead Decision.
The
Olmstead Decision
Link to the Supreme Court decision.
http://supct.law.cornell.edu/supct/html/98-536.ZS.html
Olmstead
Issues Page
(The Disability Policy Consortium)
http://www.dpctexas.org/dpctx2002/olmsteadissues/olmstead.html
Missouri's
Olmstead Implementation
http://www.dolir.state.mo.us/gcd/Olmstead/OlmsteadWebpage121401.htm
Steve
Gold, Esq views on Olmstead
http://www.freedomclearinghouse.org/mouth/sgolmstead.htm
Steve
Gold, Esq views on ADA
http://www.mouthmag.com/says/stevesays.htm
Olmstead,
the Supreme Court & You (Steve Gold, Esq.)
http://www.dpctexas.org/dpctx2002/olmsteadissues/steve_gold_notes.htm
Olmstead
Riders to the Texas Dept of Human Relations budget
http://www.stevegoldada.com/stevegoldada/cgi/getlink.cgi?4
HCFA
Links
Provides a huge list of links to government agencies,
government-based research, parent assistance,
self-determination, and university-based research.
http://www.cms.hhs.gov/olmstead/olmslink.asp
Community
Integration/Olmstead Compliance
Information and Resources
Web site prepared by "Protection & Advocacy Systems.
The
Nation's Disability Rights Network"
a) List of
proposed State Olmstead Compliance Plans.
http://www.protectionandadvocacy.com/olmsteadcomplianceplans.htm
b) Letters from federal HHS to State Medicaid Directors providing
guidance to states in their efforts to comply with the Olmstead
decision.
http://www.protectionandadvocacy.com/olmsteadstateplandev.htm
Olmstead
Progress Report
Disability Advocates Assess State Implementation after One
Year. Prepared by The National Association of Protection and
Advocacy Systems July 25, 2000
http://www.protectionandadvocacy.com/progressreportfinal.htm
Status
Report on States' Development and
Implementation of Olmstead Plans
The Arc of the United States. July 26, 2000
http://www.thearc.org/olmstead_report.htm
Systems
Change Grants for Community Living
For complete information, visit:
http://www.cms.hhs.gov/systemschange/
Summary:
Describes the 4 proposals offered by HCFS to
design and implement effective and enduring improvements in
community long term support systems. These systemic
changes will be designed to enable children and adults of any
age who have a disability or long term illness to:
(a) Live
in the most integrated community setting appropriate to their
individual support requirements and their preferences;
(b) Exercise meaningful choices about their living environment,
the providers of services they receive, the types of supports
they use and the manner by which services are provided;
and
(c) Obtain quality services in a manner as consistent as
possible with their community living preferences and priorities.
Four
distinct grant solicitations comprise the "Systems Change for
Community Living" grants that are the subject of this
coordinated invitation. They are:
(1) "Nursing
Facility Transitions" grants: HCFA is making
available between $10-$14 million to help States transition
eligible individuals from nursing facilities to the community. Two
types of grants are offered:
(a) State
Program grants will be made to support State program
initiatives;
(b) "Independent Living Partnership" grants will be
made to selected Independent Living Centers (ILCs) to
promote partnerships between ILCs and States to support
nursing facility transitions.
(2) "Community-integrated
Personal Assistance Services and Supports" grants:
Personal assistance is the most frequently used service that
enables people with a disability or long term illness to live
in the community. Grants totaling $5-$8 million are available
to support States' efforts to improve personal assistance
services that are consumer-directed or offer maximum individual
control.
(3) "Real Choice Systems Change" grants:
The goal is to help design and implement effective and enduring
improvements in community long term support systems to enable
children and adults of any age who have a disability or long
term illness to live and participate in their communities.
Approximately $41-$43 million is available in direct grants
to States. For more info on "Real Choice" grants,
visit
http://www.cms.hhs.gov/systemschange/
(4) "National Technical Assistance Exchange for
Community Living" grant: This national technical
assistance initiative will provide technical assistance, training,
and information to States, consumers, families, and other
agencies and organizations. Funding for the technical assistance
will range from $4-$5 million.
Grant applications will be due in July 2001. All grant awards
are expected to be made prior to October 1, 2001. States will
have up to 36 months to expend these funds. Grantees are not
required to provide a financial match, but a small non-financial
recipient contribution from Grantees and/or a third-party
"in-kind" contribution is required.
New
York State Association of Area Agencies on Aging
272 Broadway
Albany, NY 12204-2717
Phone 518-449-7080
Fax 518-449-7055
e-mail: office@nysaaaa.org
