Olmstead Plans and Related State Activity
Terence Ng, Alice Wong & Charlene Harrington
UCSF National Center for Personal Assistance Services
Updated April 2012
| Statea | Olmstead Plan Yes/no |
Alternative Strategies Yes/no |
Date | Title of plan (or title of alternative strategies) |
Further information |
|---|---|---|---|---|---|
| AK | No | Yes | Mar-07 | Moving Forward Comprehensive Integrated Mental Health Plan: 2006-2011, 2008 Update | Report: http://www.hss.state.ak.us/dph/healthplanning/movingforward/assets/CompPlan_2008.pdf |
| AL | Yes | Yes | Jan-12 | Gateways to Community Living | State Olmstead website: http://medicaid.alabama.gov/CONTENT/4.0_Programs/4.3.0_LTC/4.3.4.2_Olmstead_Decision.aspx Report: Gateways to Community Living |
| AR | Yes | No | Feb-01 | The Olmstead Plan in Arkansas, March 2003 | Plan: http://www.daas.ar.gov/pdf/olmstead_plan/opfpt1.pdf Olmstead website: |
| AZ | Yes | No | Aug-01 | Arizona's Olmstead Plan - Revised 2003 | Plan: http://www.azahcccs.gov/reporting/Downloads/OlmsteadPlan.pdf Olmstead website: |
| CA | Yes | No | May-03 | The California Olmstead Plan | Plan: http://www.chhs.ca.gov/initiatives/Olmstead/Documents/01Section%20I%20-%20V%20combined.pdf Update: According to the Olmstead Advisory Committee, their 2010 accomplishments include: Developing a conceptual framework to evaluate impacts on individuals depending on long-term care services that are reduced or eliminated in budget actions. Advocating at State and Federal levels to improve rules governing the Medicaid Money Follows the Person demonstration (California Community Transitions). Changes made by the U.S. Department of Health and Human Services, Centers for Medicare & Medicaid Services expanded eligibility criteria allowing facility residents to be eligible for demonstration services after 90 days of institutional care instead of 180 days. Ex-Governor Schwarzenegger issued an Executive Order regarding California' s Olmstead state plan that replaces a previous Executive Order in 2004. The 2008 Executive Order states the Director of the California Health and Human Services Agency appoints members of the Olmstead Advisory Group and the members serve at the pleasure of the Director. To view Executive Order S-10_08: http://gov.ca.gov/news.php?id=10606 Olmstead Advisory Committee website: http://www.chhs.ca.gov/initiatives/Olmstead/Pages/default.aspx State Olmstead website : http://www.chhs.ca.gov/initiatives/Olmstead/Pages/OlmsteadPlan.aspx |
| CO | No | Yes | Jul-10 | Olmstead: Recommendations and Policy Options for Colorado | Report:
Update: Governor Bill Ritter issued Executive Order D 011 09 on June 19, 2009 establishing the Long-Term Care Advisory Committee and charging those members to develop a strategic plan. The July 2010 report is a result of the Executive Order. To download the Executive Order, go to: Colorado Olmstead Initiative website: http://www.colorado.gov/cs/Satellite/HCPF/HCPF/1251575295839 |
| CT | Yes | No | Mar-02 | Choices Are for Everyone: Continuing the Movement toward Community-Based Supports in Connecticut | Plan: |
| DC | No | No | X | No | Progress: Focus on HCBS waiver program development. Update: While the District does not have any Olmstead-related activities, University Legal Services, Inc., the mandated Protection and Advocacy program for D.C. residents with disabilities recently published a report regarding the status of people with disabilities and the need for HCBS. The report, Home Sweet Home: Still an Elusive Right a Decade Later (June 22, 2009) can be downloaded at: http://www.uls-dc.org/OLMSTEADREPORT.pdf University Legal Services, Inc. website: |
| DE | Yes | No | Jul-07 | A Path Forward: Building a Community-Based Plan for Delaware | Report: http://www.udel.edu/cds/ccba/pdfs/commission/A_Path_Forward.pdf Governor's Commission on Community-Based Alternatives for Individuals with Disabilities website: |
| FL | No | N/A | X | No | Progress: Focus on HCBS waiver program development. |
| GA | Yes | No | Mar-03 | State of Georgia Olmstead Strategic Plan - June 2009 | Georgia Olmstead Initiative website: http://sonnyperdue.georgia.gov/00/channel_title/0,2094,78006749_156682441,00.html Plan: Olmstead Successes Jan 2010 (Powerpoint presentation): |
| HI | Yes | No | Oct 2002a | Recommended Olmstead Implementation Plan (As of December 30, 2005) | Report: Update: Hawaii Olmstead Implementation Plan (June 8, 2006): http://hawaii.gov/dhs/protection/social_services/adult_services/Olmstead%20050406.pdf/download |
| IA | Yes | Yes | Jan-11 | Olmstead Plan for Mental Health and Disability Services: Plan Framework 1-6-11 | Update: As of January 10, 2010, the state announced the establishment of an Olmstead plan. To read the press release regarding the plan, go to: http://www.dhs.state.ia.us/docs/nr_olmsteadplannewsrelease.pdf For a brief history of Olmstead Activities in Iowa (Jan 2009), go to: http://www.dhs.state.ia.us/mhdd/docs/ABriefHistoryofOlmsteadinIowa1.pdf Olmstead Plan: http://www.dhs.state.ia.us/docs/NR_OlmsteadPlanJan2011.pdf Targeted Capacity Expansion: Meeting the Mental Health Needs of Older Adults in Iowa report: http://www.dhs.state.ia.us/mhdd/docs/TCEOlderadultsSAMSHAGRANTFINAL0504.doc Iowa Olmstead Information: http://www.dhs.state.ia.us/mhdd/reports_publications/Reports_Publications.html Olmstead Consumer Taskforce website: |
| ID | No | No | X | No | Progress: Community Integration committee developing a plan. |
| IL | No | Yes | Jul-06 | Illinois Disabilities Services Plan Update | Update: As a result of a class action lawsuit, Williams v. Quinn, the state was ordered to enter a consent decree on September 29, 2010. One element of the decree is for the state to draft an implementation plan regarding the options offered to persons with serious mental illness to live in community-based settings. To read Williams Consent Decree: Draft Implementation Plan (February 10, 2011), go to: Website regarding the Williams Consent Decree: http://www.dhs.state.il.us/page.aspx?item=54200 The Illinois Disabilities Services Advisory Committee assists in the development and implementation of a plan to help the state comply with the ADA and Olmstead decision. As of July 2006, the action plan for the Illinois Disability Services plan (that will address Olmstead issues) was approved. Full implementation is expected in FY 2007. http://www.dhs.state.il.us/page.aspx?item=33842 Illinois Disabilities Services Advisory Committee meeting summary (July 25, 2006): http://www.dhs.state.il.us/OneNetLibrary/27897/documents/Initiatives/DSAC/dsac7-25-06meeting.pdf Illinois Disabilities Services Plan Update (July 2006): http://www.dhs.state.il.us/OneNetLibrary/27897/documents/Initiatives/DSAC/DSAC7-06Update.pdf |
| IN | Yes | No | Jul-01 | Comprehensive Plan for Community Integration & Support of Persons with Disabilities | Plan: http://www.in.gov/fssa/ddrs/2863.htm State Olmstead Plan Elements website: |
| KS | No | Yes | Jan-09 | Kansas Long Term Care Report | Update: The Statewide Independent Living Council of Kansas sent a letter to the state titled, "A Proposal for Choice and Independence" in February 2011. This letter made several recommendations including the establishment of an Office of Integrated Community Services and the amending the Medicaid State Plan to include HCBS options. To read the letter, go to: http://www.khpa.ks.gov/medicaid_proposals/download/StateIndependLivgCouncilofKS.pdf A memo was sent to Lt. Gov on regarding several Olmstead-related issues from the Disability Rights Center of Kansas on 2/28/2011. The memo requested stakeholder feedback regarding the Medicaid cost of institutional care. The memo stated that there seems to be a failure by the state to provide taxpayers the true cost of community-based alternatives compared to ICF-MRs. To read the memo, go to: http://khpa.ks.gov/medicaid_proposals/download/DisabilityRightsCenterofKansas.pdf Progress: Kansas Long Term Care Report (January 2009): Rebalancing Kansas' Long Term Care System (Nov 2006): https://www.khpa.ks.gov/board/download/ShannonJonesStateILCouncil11-21-06.pdf |
| KY | Yes | No | n/a | Cabinet for Health Services: Olmstead Compliance Plan for FY 2004 through FY 2012 | State Olmstead website: |
| LA | No | Yes | May-06 | Long-Term Care Reform in Louisiana | Systems Change in Long Term Supports and Services website: http://www.dhh.state.la.us/offices/?ID=304 Long-Term Care Reform in Louisiana (Powerpoint presentation): http://www.dhh.state.la.us/offices/publications/pubs-306/LTC%20Reform%20in%20La..ppt Executive Order No. KBBB 2004-43: Louisiana's Plan for Choice in Long-Term Care: http://www.dhh.louisiana.gov/offices/miscdocs/docs-304/KBB-%20EO43.pdf |
| MA | Yes | No | 2008 | The Community First Olmstead Plan | Community First Olmstead Plan website: Community First Olmstead Plan: http://www.mass.gov/Eeohhs2/docs/eohhs/olmstead/olmstead_plan.pdf |
| MD | No | Yes | 2007 | 2009 Maryland State Disabilities Plan | Progress: Olmstead plan is being developed. Workgroups are formed, composed of Maryland Commission on Disabilities. One accomplishment listed in the 2007 Maryland State Disabilities Plan was the establishment of baseline data to measure Maryland's Olmstead progress with regard to assessment, diversion and transition efforts to the least restrictive environment (p. 15). Maryland Commission on Disabilities: http://www.mdod.maryland.gov/Advisory%20Commission.aspx 2009 Maryland State Disabilities Plan: http://www.mdod.maryland.gov/uploadedFiles/Publications/2009%20State%20Disabilities%20Plan.pdf |
| ME | No | Yes | Oct-03 | Roadmap for Change: Maine's Response to the Olmstead Decision | Update: Press release regarding the Roadmap for Change report (October 23, 2003): http://www.maine.gov/tools/whatsnew/index.php?topic=DHS+Press+Releases&id;=795&v;=article Report: |
| MI | No | Yes | 2005 | Modernizing Michigan Medicaid Long-Term Care: Toward an Integrated System of Services and Supports | Progress: Michigan Long-Term Care Supports and Services Commission Modernizing Michigan Medicaid Long-Term Care: Toward an Integrated System of Services and Supports: http://www.michigan.gov/documents/miseniors/Final_LTC_Task_Force_Report_344103_7.pdf Presentation to the Governor's Task Force on Medicaid Long Term Care, "Using Olmstead to Expand Home and Community Based Care in Michigan," (September 13, 2004): http://www.michigan.gov/documents/ltc/29g_GOVTFPRE_Cody_187260_7.pdf Michigan Long-Term Care Supports and Services Advisory Commission website: http://www.michigan.gov/miseniors/0,1607,7-234-43230_57929---,00.html |
| MN | No | Yes | 2010 | Minnesota Board on Aging Strategic Plan | Update: The 2010 Minnesota Board on Aging Strategic Plan outlines goals toward expanding home and community-based options. Minnesota Board on Aging Strategic Plan (December 2010): http://www.mnaging.org/pdf/2011_StrategicPlan.pdf http://www.dhs.state.mn.us/main/groups/disabilities/documents/pub/dhs16_148067.pdf Status of Long-Term Care in Minnesota 2005: A Report to the Minnesota Legislature (2006): |
| MO | Yes | No | Dec-00 | Working Plan of the Home and Community-Based Services and Consumer-Directed Care Commission | Missouri Governor's Council on Disability Vision and Strategic and Operational Plan 2010-12: http://www.mo.gov/disability/gcd/pdf/GCDStrategicPlan.pdf Missouri's Money Follows the Person Rebalancing Demonstration Operational Protocol (October 2007): http://www.dss.mo.gov/mhd/general/pdf/mfp-op.pdf State Olmstead website: |
| MS | Yes | No | May-03 | Mississippi Access to Care Implementation Report #1 | Plan: http://www.mac.state.ms.us/MAC_Final.pdf Update: Mississippi Access to Care Implementation Report #1, May 30, 2003 http://www.mac.state.ms.us/ImplementationReport1_Entire.pdf Mississippi Access to Care website: |
| MT | Yes | No | Jul-06 | Senior and Long Term Care Division, Dept. of Public Health & Human Services, Olmstead Plan Update, 2006 | Plan: http://www.dphhs.mt.gov/sltc/services/communityservices/csOlmesteadPlan.shtml |
| NC | No | Yes | May-08 | Olmstead Report to North Carolina State Legislature, 2008 | Update: Money Follows the Person state demonstration project website: http://www.ncdhhs.gov/dma/MoneyFollows/index.htm Office of Long-Term Services and Supports website: http://www.ncdhhs.gov/olts/index.htm Olmstead report to North Carolina state legislature, 2008 http://www.ncdhhs.gov/mhddsas/statspublications/reports/LOC/loc-05-08-olmsteadreport.pdf |
| ND | Yes | No | May-08 | Comprehensive Working Plan to Enhance Community Services in Response to Olmstead | Progress: State has received systems change grant, amongst other activities.b Comprehensive Working Plan to Enhance Community Services in Response to Olmstead (May 2008): http://www.nd.gov/dhs/info/pubs/olmstead/nd-olmstead-plan-revised-after-05-13-2008.pdf Completed Tasks from Olmstead Plan Goals (May 2008): http://www.nd.gov/dhs/info/pubs/olmstead/appendix-a-completed-olmstead-goals-05-13-2008.pdf Olmstead Commission website: |
| NE | No | Yes | Jun-07 | Nebraska Health and Human Services, Developmental Disabilities System, Three-Year State Plan | Update: Nebraska's Money Follows the Person Project http://www.dhhs.ne.gov/med/moneyfollowstheperson/ Nebraska Health and Human Services, Developmental Disabilities System, Three-Year State Plan, 2007 |
| NH | No | Yes | n/a | Community Support Planb | Update: While New Hampshire does not have an Olmstead plan in place, they responded via a press release regarding a recent investigation by the Department of Justice. The DOJ alleges that New Hampshire has violated the Americans with Disabilities Act by failing to provide services to people with mental illness in the most integrated setting appropriate to their needs. To read the April 14, 2011 press release, go to: http://www.dhhs.nh.gov/media/pr/04142011investigation.htm Progress: Plan compiled from those for community-based services for people with MR/DD, mental health, children and aging.b Division of Community Based Care Services website: |
| NJ | Yes | No | Jan-08 | Home to Recovery - CEPP Plan. Plan to Facilitate the Timely Discharges of CEPP Patients in New Jersey's State Psychiatric Hospitals. The Path to Progress (May 2007) | Update: Due a lawsuit regarding the rights of people with mental illness to have the choice to live in the most integrated settings possible, the state created a plan as part of the settlement agreement. To read the settlement agreement between the state and Disability Rights New Jersey, go to: http://www.state.nj.us/humanservices/dmhs/olmstead/olmstead_settlement_agreement.pdf The Olmstead Initiative is Division of Developmental Disabilities's plan for moving 1,850 residents from its seven developmental centers into the community over eight years. This plan is outlined in a document called Path to Progress, which was released in May, 2007. To read a press release about the Olmstead plan, go to: http://www.state.nj.us/humanservices/news/press/2007/approved/20070502a.html Path to Progress (May 2007): http://www.nj.gov/humanservices/ddd/documents/Documents%20for%20Web/Olmstead/JSOlmPlanFinal.pdf Home to Recovery-CEPP Plan (January 2008): http://www.state.nj.us/humanservices/dmhs/olmstead/CEPP_Plan_1_23_08_FINAL.pdf Division of Mental Health Services Olmstead website: http://www.state.nj.us/humanservices/dmhs/olmstead/ Division of Developmental Disabilities Olmstead Initiative website: |
| NM | No | No | n/a | N/A | Progress: The state now has a self-directed waiver for individuals with disabilities. As of April 2010, 1038 participants are in the Mi Via waiver program according to the 2010 Comprehensive Strategic Health Plan Update (p. 29). Mi Via waiver website: http://nmhealth.org/ddsd/programswaiversandstatefunding/Mi_Via.htm |
| NV | Yes | No | Jul-07 | Nevada's Strategic Plan for People with Disabilities, 2009 | Strategic Plan Accountability Committee, Agendas and Minutes http://dhhs.nv.gov/StrategicPlanAccCommitteesPWD.htm Nevada's Strategic Plan for People with Disabilities (Nevada's Olmstead plan), 2009 http://dhhs.nv.gov/DO_CD/DisabilitiesStrategicAnnualReport2009.pdf Nevada's Strategic Plan for People with Disabilities (Nevada's Olmstead plan), 2007 Nevada's Strategic Plan for People with Disabilities (Nevada's Olmstead plan), 2006 |
| NY | Yes | No | Dec-10 | 2010-12 Most Integrated Setting Coordinating Council Plan | Progress: 2010-12 MISCC (Most Integrated Setting Coordinating Council) Plan http://www.opwdd.ny.gov/MISCC/hp_miscc_2010_12_MISCC_Plan_123010.pdf New York Office for People with Developmental Disabilities MISCC: http://www.opwdd.ny.gov/MISCC/ The Coalition to Implement Olmstead in New York prepared the report Developing a Comprehensive, Effectively Working Olmstead Plan in New York State (2003): http://www.coalitionforaging.org/CTIONYOlmstead1.pdf The Coalition to Implement Olmstead in New York, New York State Coalition for the Aging, Inc. |
| OH | Yes | No | Feb-01 | Ohio Access: Ohio's Strategic Plan to Improve Long-Term Services and Supports for People with Disabilities (2006) | Plan: Ohio Access: Ohio's Strategic Plan to Improve Long-Term Services and Supports for People with Disabilities 2006 http://www.ohioaccess.ohio.gov/pdf/ohioaccessrpt2006.pdf Ohio Access website: |
| OK | Yes | No | Aug-06 | Oklahoma Olmstead Strategic Plan: Making Choices a Reality in Oklahoma | Progress: Oklahoma Olmstead Strategic Plan: Making Choices a Reality in Oklahoma (August 2006): http://www.csctulsa.org/files/file/Oklahoma%20Olmstead%20Plan%202006.pdf Community Service Council of Greater Tulsa's Olmstead Committee website: |
| OR | No | Yes | Sep-10 | A Report on Long-Term Care in Oregon (2010) | Progress: Developmental disabilities 6-year plan to eliminate waiting lists. A Report on Long-Term Care in Oregon, Department of Human Services (September 2010): http://www.oregon.gov/DHS/spwpd/ltc/fltc/report1.pdf Future of Long-Term Care for Seniors and People with Disabilities website: http://www.oregon.gov/DHS/spwpd/ltc/fltc/index.shtml Riding the Wave: A Call to Action. A Report on the Future of Long-Term Care in Oregon and Long-Range Planning for Oregon's Communities (Nov 2006): |
| PA | No | Yes | 2010 | Supporting the Journey: Transforming Pennsylvania's Behavioral Health System | Progress: In 2004, the OMHSAS (Office of Mental Health and Substance Abuse Services) Statewide Planning Council was restructured and called for the redesign of the state hospital system to develop community resources to support the discharge of any individual who has been in the state hospital for over 2 years. Since then, three state hospitals consolidations/closures were completed (p. 75 of report). To read the report, Supporting the Journey: Transforming Pennsylvania's Behavioral Health System, go to: http://www.dpw.state.pa.us/ucmprd/groups/webcontent/documents/report/p_003099.pdf Home and Community Based Services Stakeholder Planning Team Website: |
| RI | No | No | n/a | No | Progress: Olmstead Decision Task Force website: http://sos.ri.gov/boards/index.php?page=board_detail&board;_id=5535 Community-Based Long-Term Care Services in Rhode Island: A Report Issued Pursuant to Joint Resolution 05-R 384 (2005) |
| SC | No | Yes | Aug-01 | South Carolina Home and Community-Based Services Task Force: Report | Report: South Carolina Home and Community-Based Services Task Force: Report: |
| SD | No | No | X | No | N/A |
| TN | No | No | X | No | Update: Tennessee announced the launch of a new program that will allow more residents to receive long-term care services in the home in a press release on August 2, 2010. The program is called TennCare CHOICES and started on March 1, 2010. To read the press release, go to: TennCare CHOICES website: http://www.tn.gov/tenncare/CHOICES/ Tennessee Commission on Aging and Disability website: Tennessee Commission on Aging and Disability Strategic Plan (2009): |
| TX | Yes | No | Dec-02 | 2008 Revised Texas Promoting Independence Plan (February 2009) | Plan: 2008 Revised Texas Promoting Independence Plan (February 2009): http://www.hhsc.state.tx.us/news/presentations/2008revisedpiplan.pdf Project CHOICE targets individuals who are elderly and persons with disabilities who either reside in nursing facilities or who are at immediate risk of doing so. |
| UT | Yes | No | Mar-02 | Comprehensive Plan for Public Services in the Most Integrated Setting | Plan: Comprehensive Plan for Public Services in the Most Integrated Setting (March 2002): http://www.dhs.utah.gov/pdf/TheOlmstead-Plan.pdf Update: Comprehensive Plan for Public Services in the Most Integrated Setting Individual Department or Division Plan Progress Report (September 2003): http://www.dhs.utah.gov/pdf/Olmstead-planupdate.pdf Utah Department of Human Services Olmstead website: |
| VA | Yes | No | Aug-03 | One Community - Final Report of the Task Force to Develop an Olmstead Plan for Virginia | Plan: http://www.olmsteadva.com/downloads/FinalReport/FINALTFREPORT.pdf Update: Third Annual Report of the Community Integration Team to the Community Integration Olmstead Oversight Advisory Board, 2006 http://www.olmsteadva.com/downloads/ThirdAnnualImplementationTeamReport.doc State Olmstead website: |
| VT | Yes | Yes | n/a | Vermont Olmstead Plan, Prepared by the Vermont Olmstead Commission, February 6, 2006 | Plan: Vermont Olmstead Commission-Comprehensive Plan 2006 State Olmstead website: http://humanservices.vermont.gov/publications/olmstead-commission/ |
| WA | Yes | No | Jun-05 | Washington's Olmstead Plan | Plan no longer available online. Report: Expanding Community Services: Status of Efforts to Reduce the State Hospital Census by 178 Beds by April 2003 (November 2002): |
| WI | No | Yes | Dec-10 | SFY 2010 Report on Relocations and Diversions from Institutions. | Plan no longer available online. Update: Through three programs, the Department provides elders and people with physical and developmental disabilities residing in nursing facilities and Intermediate Care Facilities for the Mentally Retarded (ICFs-MR) the opportunity to relocate to community-based settings. Under another program, the Department provides support to a limited number of individuals who are at imminent risk of entering a nursing home to be diverted from nursing home admission and remain in community settings. As shown in the summary table, 572 or almost 64%, of all relocations and diversions were frail elders; 245 or 27%, were persons with physical disabilities. 81 or 9% were individuals with developmental disabilities. To read the report, go to: http://www.dhs.wisconsin.gov/bdds/icfmr/relocationreport_10.pdf Wisconsin's ICF/MR Restructuring Initiative website: http://www.dhs.wisconsin.gov/bdds/icfmr/ Principles to Guide Long-Term Care Reform in Wisconsin, WI Council on LTC Reform, 2005 |
| WV | No | Yes | Sep-03 | Olmstead Position Paper | Progress: Olmstead Position Paper (Sept 2003): http://www.wvdhhr.org/bhhf/olmstead/olmstead%20position%20paper.pdf State Olmstead website: |
| WY | Yes | No | Mar-01 | Wyoming Draft Olmstead Plan | Olmstead state plan not available online. Wyoming Department of Health, Aging Division Four Year State Plan (2006-2010): |
Notes on the table
Notes on the table- Olmstead plans are those which have been included in the NCSL reporta as being Olmstead plans, and commonly specifically mention that (at least) part of their aim is to address the issues raised by the Supreme Court decision in Olmstead v. LC & EW
- In the 'Further information' column:
- 'Plan' indicates the link is to the first edition of the plan (PDF version),
- 'Update' indicates the link leads to a plan update or progress report on the plan or other Olmstead-related activities (PDF version),
- 'Draft Plan' indicates that the link is to the draft state plan (PDF version),
- 'State Olmstead website' indicates a state website describing Olmstead activities with a direct link to the plan and other resources (if available)
- 'Progress' indicates any reported information about state activity in states where there is no plan or website.
- N/A indicates that the data is not available.
- X indicates that the column is not applicable.
aFox-Grage, W; Folkemer, D; Lewis; J (February 2003) The States' Response to the Olmstead Decision: how are states complying? Forum for state Health Policy Leadership, the National Conference of State Legislatures (NCSL), Washington DC.
bInformation obtained through direct contact with State officials in February and March 2011.