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The State of
Olmstead Continued
similar to New York’s
“most-integrated setting” bill. Yet, it goes even further to mandate
that the money should follow the individual and their living choice. An
institution should never be able to control the funding to support a
person’s care to the point where it eliminates personal choice. The State
of Texas is committing significant state funds to match the Federal funding
opportunities provided for Olmstead implementation. New York is one of about
ten states that have demonstrated very little progress to date. The DOH funding
opportunities in New York haven’t even commenced and we’re three
years into the Court’s decision.
Another facet to Olmstead
implementation is the process available to individuals to file discrimination
complaints with the Federal Office of Civil Rights (OCR) against the State of
New York. These OCR complaints are a way for the individual to remedy their
personal situation despite the State’s lack of policy in this area. New
York currently has around seventy-five OCR complaints filed against it.
Unfortunately, this is the one category where New York State is an erroneous
leader. In addition, the OCR complaint process is not for the weak. It is a
long, emotional roller coaster ride. “The Post-Star” chronicled Betty
Cranston’s effort to return home to Lake Luzerne. “Newsday” is
in the process of covering the same for Darlene Cruz, as she fights to go back
to her home in Long Island.
So what is delaying the progress? It
is now up to Governor George E. Pataki. He can demonstrate leadership on this
issue and sign the “most-integrated setting” bill into law. It would
establish a policy-making state council to develop and implement a
comprehensive most-integrated setting plan consistent with the Olmstead U.S.
Supreme Court decision.
What happens if the Governor balks
at his responsibilities? The primary reason for doing so has more to do with a
reality I learned in a “Sociology of Literature” class at SUNY Albany
back in 1983. The professor was a brilliant woman who earned her doctorate from
Columbia University and survived the ghetto in Warsaw during World War II. She
also experienced post-war communist oppression and eventually had to flee the
country. Periodically, students would comment on how bad it must have been to
be censored and not have the right to free speech, let alone the terrible
abuses and retaliation that awaited those who dared to speak their mind, not to
mention being imprisoned against one’s will.
The professor would listen intently
with a forced smile on her face. She would confirm the obvious, but then
challenge the students in return. “You know, you have your own indirect
form of censorship in America.” The students would look puzzled. “It
is such a part of your culture that you don’t even realize how much it
dictates your life.” Continued puzzlement. “It’s the Almighty
Dollar. Very little happens in this country if you don’t have the money to
support or pursue it. In fact, even the most amazing idea won’t happen if
you can’t market or sell it.” The shameless truth, “Your freedom
is limited by your ability to buy and sell.” Ouch.
The Governor needs to rise above the
impact and influence money has on our political process and direct this State
to comply with a U.S. Supreme Court decision. He needs to value humans over
money. Otherwise, he will look no different than a Southern Governor in the
late 1950’s – early 1960’s. Or maybe it's more appropriate to
say that he would look like Tommy Olmstead, a man of dubious distinction, who
was the head of human services for the State of Georgia. Instead of Olmstead
implementation, we could have Pataki implementation someday. Why? Remember the
OCR complaints? They are just the tip of the ice berg. If Governor Pataki lets
the situation unravel, he will leave citizens no other option but to sue him
and the State of New York for their freedom.
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