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The State of Olmstead
Brad Williams, NYSILC Executive Director
What is the state of Olmstead in New
York State? Olmstead is the 1999 U.S. Supreme Court decision that makes it an
act of discrimination to institutionalize a person with a disability against
their will, especially when they can live in the community with appropriate
supports. It directs states to develop a comprehensive plan to ensure that
people have the opportunity to live in the “most integrated setting”
possible.
Advocates have gone through an
arduous process with the New York State Department of Health (NYS DOH) for over
a year to develop two funding opportunities that will address nursing home
transition and diversion on a small-scale basis. It's a start and should be
recognized. However, this effort is nowhere near the sweeping policy change
needed nor the comprehensive effort required to comply with a U.S. Supreme
Court decision rendered three years ago.
Based on NYS DOH figures, there are
129,762 people currently in nursing homes in New York State.’ Eighty-seven
percent (112,531) are seniors 65 and older. Seven percent (9,027) are between
the ages of 21-54, while the remaining six percent (8,204) are people 55-64.
What is more disturbing: The volume of seniors currently in nursing homes, or
the fact that there are 17,231 working-aged adults held against their will? I
am 42 years old and I can't even fathom how I could accept living the rest of
my life in a nursing home. I suspect you feel the same. The situation expands
further when you consider individuals in psychiatric centers, adult homes,
community residences, etc. Besides the “quality of life” argument,
hmmm...I wonder what the burden is to New York State taxpayers? Yes, believe it
or not, it costs less to provide services to individuals in a community-based
setting as opposed to an institution.
This isn't a partisan issue. The
Assembly Task Force on People with Disabilities held a hearing on Olmstead
almost two years ago. Assembly Speaker Sheldon Silver found it important enough
to attend and give the opening comments. Assembly member Kevin Cahill, Chair of
the Task Force, made it a priority and authored the “most-integrated
setting” bill. It passed unanimously in the Assembly on June 12". Senate
Majority Leader Joseph Bruno personally introduced the bill and ushered its
unanimous passage through the Senate on June 20". At a recent ADA celebration
in Plattsburgh, Assembly member Chris Ortloff spoke about his strong support of
Olmstead implementation in New York State. He articulated aspects of the
Court’s mandate that proved he had done his homework.
Oh, yes. There is one other person
who strongly supports Olmstead implementation. His name is President George W.
Bush. He issued an Olmstead executive order as Governor of Texas. The President
then issued a similar executive order for our entire country on June 19, 2001.
He has followed through with several funding opportunities for States on the
most-integrated setting issue.
What about other States? The State
of Arkansas has developed a model nursing facility transition program in the
meantime. The State of Missouri has passed and implemented legislation that is
' “Number of Medicaid
Recipients in Nursing Homes by Age and County FFY 2001 |
