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Table of Contents

1. Introduction.

2. Table 1 - All Olmstead Plans and Alternative Strategies.

3. Table 2 - Olmstead Lawsuits.

4. Table 1 References.

5. Table 2 References.

6. Download PDF of report.

7. Download PDF of table 1.

8. Download PDF of table 2.

9. Find Olmstead Information for a Specific State.

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State Olmstead Plans and Alternative Strategies

Marshall Alameida, Martin Kitchener, Alice Wong and Charlene Harrington
UCSF National Center for Personal Assistance Services

6th Revision, October 2008

State Olmstead Plan
Yes/no		 Alternative Strategies
Yes/no		 Date Details online
Yes/no		 Title of plan
(or title of alternative strategies)		 Further information
AKa No Yes March, 2007 Yes Moving Forward Comprehensive Integrated Mental Health Plan: 2006-2011, published April 2006, revised March 2007 Report: [http://hss.state.ak.us/dph/healthplanning/movingforward/assets/CompPlan_03-2007.pdf]
ALa No Yes N/A Yes Alabama Medicaid: The Olmstead decision and Alabama's response State Olmstead website: [http://www.medicaid.alabama.gov/programs/long_term_care/olmstead.aspx]
ARa Yes X Feb, 2001 Yes The Olmstead Plan in Arkansas Plan: [http://www.state.ar.us/dhs/aging/opfpt1.pdf]
Update: [http://www.arkansas.gov/dhhs/aging/olmarplan0303.html]
AZa Yes X Aug, 2001 Yes Arizona's Olmstead Plan Plan: [http://www.ahcccs.state.az.us/Publications/PlansWaivers/Plans/Olmstead/default.asp]
CAa Yes X May, 2003 Yes The California Olmstead Plan Plan: http://www.chhs.ca.gov/initiatives/Olmstead/Documents/01Section%20I%20-%20V%20combined.pdf]

Update Governor Arnold Schwarzenegger issued a recent 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/executive-order/10606]

State Olmstead website: [http://www.chhs.ca.gov/initiatives/Olmstead/Pages/OlmsteadPlan.aspx]
CO a No N/A X X X N/A
CTa Yes X Mar, 2002 Yes Choices are for everyone: continuing the movement toward community-based supports in Connecticut Plan: [http://www.ct.gov/dss/LIB/dss/pdfs/CommIntPlan.pdf]
DCa No No X X X Progress: Focus on HCBS waiver program development.
DEa Yes X Jul, 2007 Yes 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:
[http://www.udel.edu/cds/ccba/index.html]
FLa No N/A X X X Progress: Focus on HCBS waiver program development.
GAa Yes X Mar, 2003 Yes State of Georgia Olmstead strategic plan Plan: [http://www.files.georgia.gov/DHR/DHR_CommonFiles/16739455Olmstead_Plan__Perdue_.pdf]
HIa Yes X Oct 2002b No Recommended Olmstead Implementation Plan (As of December 30, 2005) Update: [http://www.hawaii.gov/dhs/protection/social_services/adult_services/Olmstead%20Implementation%20Plan.pdf]
IAa Yes Yes May, 2005 Yes Targeted Capacity Expansion: Meeting the Mental Health Needs of Older Adults in Iowa Report: [http://www.dhs.state.ia.us/mhdd/docs/TCEOlderadultsSAMSHAGRANTFINAL0504.doc]

State Olmstead website: [http://www.olmsteadrealchoicesia.org/]

Iowa Olmstead Information:
[http://www.dhs.state.ia.us/mhdd/reports_publications/Reports_Publications.html]
IDa No No X X X Progress: Community Integration committee developing a plan.
ILa No Yes Jul, 2006 Yes Illinois Disabilities Services Plan Update Update: 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]
INa Yes X Jun, 2001 Yes Comprehensive plan for community integration & support of persons with disabilities Plan: [http://www.in.gov/fssa/ddrs/5469.htm]

State Olmstead website: [http://www.in.gov/fssa/ddrs/5384.htm]
KSa No Yes Oct, 2003 Yes Rebalancing Kansas' Long Term Care System Progress: Rebalancing Kansas' Long Term Care System (Nov 2006):
[http://www.khpa.ks.gov/AuthorityBoard/TownhallMeetings/ShannonJonesStateILCouncil11-21-06.pdf ]
KYa Yes X N/A Yes Cabinet for Health Services: Olmstead Compliance Plan for FY 2004 through FY 2012 State Olmstead website: [http://chfs.ky.gov/os/Olmstead.htm]
LAa No Yes Sep, 2003 No Disability Services & Supports Systems: long-term care reform draft plan Report no longer available online.
MAa Yes X Jan 2002c Yes The People's Olmstead Plan: the plan to provide comprehensive community-based services Plan: [http://mass.gov/resources/ecbs_plan.pdf]
MDa No Yes 2007 No 2007 Maryland State Disabilities Plan Progress: As of 2004, 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]

2007 Maryland State Disabilities Plan: [http://www.mdod.maryland.gov/uploadedFiles/About_Us/related_publications/2007%20State%20Disabilities%20Plan.pdf]
MEa Yes X Oct, 2003 Yes Roadmap for change: Maine's response to the Olmstead decision Plan: [http://mainerealchoices.org/workgroup_roadmap.htm]
MIa No Yes 2004 Yes Modernizing Michigan Medicaid Long-Term Care: Toward an Integrated System of Services and Supports Progress: Michigan Long-Term Care Supports and Services Commission [http://www.michigan.gov/ltc]

Modernizing Michigan Medicaid Long-Term Care: Toward an Integrated System of Services and Supports: [http://www.ihcs.msu.edu/LTC/Reports/Final_LTC_Task_Force_Report.pdf]
MNa No Yes Jan, 2001 Yes Long-term care taskforce: reshaping long-term care in Minnesota Progress:

Status of Long-Term Care in Minnesota 2005: A Report to the Minnesota Legislature (2006): [http://www.dhs.state.mn.us/main/idcplg?IdcService=GET_FILE&RevisionSelectionMethod=LatestReleased&Rendition=Primary&allowInterrupt=1&noSaveAs=1&dDocName=dhs_id_059536]

Long-term care plan for older people (2001): [http://www.dhs.state.mn.us/main/idcplg?IdcService=GET_DYNAMIC_CONVERSION&RevisionSelectionMethod=LatestReleased&Redirected=true&dDocName=id_005812]
MOa Yes X Dec, 2000 Yes Working Plan of the Home and Community-Based Services and Consumer-Directed Care Commission Plan: [http://www.gcd.oa.mo.gov/test/Olmstead/reportindex1.shtml]

State Olmstead website: [http://www.gcd.oa.mo.gov/Olmstead/olmstead.shtml]
MSa Yes X Sep, 2001 Yes Mississippi Access to Care 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/Services_Available/Implementation_Report1/implementation_report1.html]
MTa Yes X Jul, 2006 Yes 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]
NCa Yes X May, 2008 Yes Olmstead report to North Carolina state legislature, 2008
 North Carolina Division of Mental Health, Developmental Disabilities and Substance Abuse Services, Olmstead project website: [http://www.ncdhhs.gov/mhddsas/olmstead/index.htm]

Olmstead report to North Carolina state legislature, 2008
[http://www.ncdhhs.gov/mhddsas/statspublications/reports/LOC/loc-05-08-olmsteadreport.pdf]
NDa No Yes Nov, 2002 Yes Olmstead Update: Serving People with Long-Term Care and Support Needs in Communities, November 2002 Progress: State has received systems change grant, amongst other activities.b

2001-2003 Biennial Report, North Dakota Department of Human Services: [http://www.nd.gov/dhs/info/pubs/docs/biennial-2003-report.pdf]

Olmstead Update: Serving People with Long-Term Care and Support Needs in Communities, November 2002 [http://www.nd.gov/dhs/info/pubs/docs/olmstead-update-long-term-care-and-support-services.pdf]

White Paper, Olmstead Workgroup, North Dakota Department of Human Services (Nov 2001): [http://www.nd.gov/dhs/info/pubs/docs/olmstead-white-paper.pdf]

In 2001, the governor established an Olmstead Commission whose mission is to develop a plan to implement the Olmstead decision.
[http://www.governor.state.nd.us/boards/boards-query.asp?Board_ID=127]
NEa No Yes Jun, 2007 Yes Nebraska Health and Human Services, Developmental Disabilities System, Three-Year State Plan Nebraska Health and Human Services, Developmental Disabilities System, Three-Year State Plan, 2007 [http://www.dhhs.ne.gov/dip/ded/DDS-State-Plan-6-07.pdf]
NHa No Yes N/A No Community Support Planb Progress Plan compiled from those for community-based services for people with MR/DD, mental health, children and aging.b
NJa No Yes N/A No N/A Progress: No plan as of yet. See the Public Advocate's testimony in 2006 on the need for a state Olmstead Plan.
[http://www.state.nj.us/publicadvocate/divisions/disabled/testimony.html]

In 2006 the Division of Developmental Disabilities posted a request for proposal regarding customized supports and services for people transitioning from developmental centers to communities.
[http://www.state.nj.us/humanservices/ddd/publications/Olmstead%20RFP%20Guidelines.pdf]
NMa Yes X N/A No N/A Progress: Information Bulletin [http://legis.state.nm.us/lcs/lcsdocs/148087.pdf]
NVa Yes X Jul, 2007 Yes Nevada's Strategic Plan for People with Disabilities The Strategic Plan Accountability Committee (SPAC) was created by executive order in 2003 to hold the State accountable for the implementation of Nevada Strategic Plan for People with Disabilities. This plan serves as a blueprint for improving disability services in the state, and as Nevada's Olmstead Plan in response to the mandates of the US Supreme Court's Olmstead Decision in 1999.

Strategic Plan Accountability Committee, Agendas and Minutes
[http://dhhs.nv.gov/StrategicPlanAccCommitteesPWD.htm]

Update: Nevada's Strategic Plan for People with Disabilities (Nevada's Olmstead plan), 2007
[http://dhhs.nv.gov/SP-AccComm04/Documents/StatusReports/Disabiities/SP-PeoplewithDisabilities_AnnualReport2007.pdf ]

Nevada's Strategic Plan for People with Disabilities (Nevada's Olmstead plan), 2006
[http://dhhs.nv.gov/SP-AccComm04/Documents/StatusReports/Disabiities/SP-PeoplewithDisabilities_Annual%20Report2006.pdf]
NYa No Yes Feb, 2003 Yes Developing a comprehensive, effectively working Olmstead plan in NY state Progress: NY has established an Olmstead planning process.
Developing a Comprehensive, Effectively Working Olmstead Plan in New York State (2003): [http://www.coalitionforaging.org/CTIONYOlmstead1.pdf]

Governor Pataki established the Most Integrated Setting Coordinating Council: [http://www.health.state.ny.us/nysdoh/miscc/index.html]

The Coalition to Implement Olmstead in New York, New York State Coalition for the Aging, Inc.
[http://www.coalitionforaging.org/ctionysum.htm]
OHa Yes X Feb, 2001 Yes Ohio Access for People with Disabilities Plan: [http://www.ohioaccess.ohio.gov/pdf/ohioaccessrpt2001.pdf]

Update: Ohio Access for People with Disabilities 2004 [http://www.ohioaccess.ohio.gov/pdf/ohioaccessrpt2004.pdf]
OKa No Yes N/A No N/A Progress: Olmstead strategic planning work group developing plan.

Interim Report of the Oklahoma Olmstead Strategic Planning Committee - July 2004
[http://www.csctulsa.org/images/OLMSTEAD%20INTERIM%20REPORT071504%20(3).doc]

Community Service Council of Greater Tulsa's Olmstead website: [http://www.csctulsa.org/olmstead.htm]
ORa No No N/A No X Progress: Developmental disabilities 6-year plan to eliminate waiting lists.

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): [http://www.oregon.gov/DHS/spd/adv/gcss/fltc_rpt.pdf]

Recommendations on the Future of Long-Term Care in Oregon, Department of Human Services (May 2006): [http://www.oregon.gov/DHS/spwpd/ltc/fltc/report1.pdf]
PAa No Yes Jul, 2007 Home and Community Based Services Stakeholder Planning Team Strategic Plan for July 2004-December 2006 Progress: Money Follows the Person Concept Paper, ARC Pennsylvania, 2006
[http://www.dpw.state.pa.us/Resources/Documents/Presentations/ARC.pdf]

Community Living Advisory Committee report and recommendations on Nursing Facility Transition, Gaps in Services and No Wrong Door, 2003
[http://www.dpw.state.pa.us/Resources/Documents/Pdf/AnnualReports/CLACReport-Nov03.pdf]

Home and Community Based Services Stakeholder Planning Team
[http://www.dpw.state.pa.us/PartnersProviders/MedicalAssistance/AdvocatesStakeholders/AdvisoryCommittees/HCBSTeam/]

Home and Community Based Services Stakeholder Planning Team Strategic Plan for July 2004-December 2006 [http://www.dpw.state.pa.us/resources/documents/pdf/publications/hcbs_spt_strategicplan2004.pdf]
RIa No No N/A X Progress:
Representative Eileen S. Naughton introduced a bill in 2006 to create a commission to establish Olmstead Decision Task Force. The House passed the bill on May 31, 2006.
[http://www.rilin.state.ri.us/news/pr1.asp?prid=3262]

Community-Based Long-Term Care Services in Rhode Island: A Report Issued Pursuant to Joint Resolution 05-R 384 (2005)
[http://www.dhs.ri.gov/dhs/reports/ltc_services.pdf]
SCa Yes X Aug, 2001 Yes South Carolina Home and Community-based services Task Force: report Plan: [http://www.scddc.state.sc.us/olmstd.pdf]
SDa No No X No X N/A
TNa Yes X Mar, 1999 Yes Tennessee Comprehensive plan for the delivery of long-term care services to elderly and disabled persons Plan: [http://www.state.tn.us/comaging/TNlongtermcare.pdf]

Update: Tennessee Department of Mental Health and Developmental Disabilities Three-Year Plan FY 2007-2009
[http://tennessee.gov/mental/3yrplan/planbody.pdf]
TXa Yes X Dec, 2002 Yes Revised Texas Promoting Independence Plan Plan: [http://www.hhsc.state.tx.us/pubs/tpip02/02_12TPIPrev.pdf]

Update: 2004 Revised Texas Promoting Independence Plan
[http://www.hhsc.state.tx.us/PUBS/12xx04_TPIP_Rev.pdf]

Promoting Independence Advisory Committee 2004 Report
[http://www.hhsc.state.tx.us/pubs/101204_PIAC.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.
[http://www.hhsc.state.tx.us/si/project.htm]
UTa Yes X Mar, 2002 Yes Comprehensive plan for public services in the most integrated setting Plan: [http://www.dhs.utah.gov/pdf/TheOlmstead-Plan.pdf]
Update: [http://www.dhs.utah.gov/pdf/Olmstead-planupdate.pdf]
VAa Yes X Aug, 2003 Yes 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: [http://www.olmsteadva.com/]
VTa Yes Yes N/A No Vermont Olmstead Plan, Prepared by the Vermont Olmstead Commission, February 6, 2006 Progress: Vermont Olmstead Commission set up
[http://humanservices.vermont.gov/publications/olmstead-commission/]

Plan: Vermont Olmstead Commission-Comprehensive Plan 2006
[http://humanservices.vermont.gov/publications/olmstead-commission/vermont-olmstead-commission-comprehensive-plan/view]

State Olmstead website: [http://humanservices.vermont.gov/publications/olmstead-commission/]
WAa Yes X Jun, 2005 No Washington Plan no longer available online.

Expanding Community Services, Washington State Department of Social & Health Services, Mental Health Division
At the national and state level, there is continued pressure to assure that individuals residing in institutions have the option for community living. These efforts have been highlighted through litigation such as the Olmstead lawsuit in Georgia where the Supreme Court found that the state was violating the rights of two plaintiffs by keeping them in a state psychiatric hospital despite their desire to live in the community.

As part of the 2001-2003 budget process, DSHS developed a proposal included in the Governor's budget for serving state hospital patients in community settings. The 2001-2003 Operating Budget supported this proposal by providing for the development and operation of community support services for long term Western State Hospital (WSH) patients who no longer required active inpatient psychiatric treatment. The 2002-2003 Supplemental Budget increased the scope of the project to include patients from Eastern State Hospital (ESH) and residents of the Program for Adaptive Living Skills (PALS) on the grounds of WSH. In accordance with the proviso, the Department of Social and Health Services ( DSHS) formally implemented the Expanding Community Services (ECS) initiative.
[http://www.dshs.wa.gov/mentalhealth/ecs.shtml]

System Transformation Initiative, Presentation for the Washington State House Committee on Health Care and Wellness, January 24, 2008 [http://www.dshs.wa.gov/pdf/hrsa/mh/sti_presentation_for_1_24_hearing_final.pdf]

System Transormation Initiative, Department of Social and Health Services
[http://www.dshs.wa.gov/Mentalhealth/STI_Main.shtml]
WIa Yes X Jan, 2002 No Wisconsin's ADA Title II Plan: phase 1 Plan no longer available online.

Principles to Guide Long-Term Care Reform in Wisconsin, WI Council on LTC Reform, 2005
[http://www.wcltc.state.wi.us/pdf/LTCRprinciples1005.pdf]
WVa No Yes Sep, 2003 Yes Olmstead Position Paper Progress: Olmstead Position Paper (Sept 2003): [http://www.wvdhhr.org/bhhf/olmstead/olmstead%20position%20paper.pdf]

State Olmstead website: [http://www.wvdhhr.org/bhhf/olmstead/]
WYa Yes X Mar, 2001 No Wyoming Draft Olmstead Plan Olmstead state plan not available online.

Project Out is a key component of Wyoming’s Olmstead Plan, and provides Medicaid eligible individuals, who are residing in nursing homes or are at risk of residing in a nursing home, the opportunity to live in the community, rather than in an institution. In previous years, Project Out was funded through a CMS grant, which was administered the Aging Division and piloted by one provider. Because of its success, beginning July 1, 2006, Project Out is now funded by a mix of state and federal dollars through the Wyoming Medicaid Program.
[http://wdh.state.wy.us/aging/matrix.html]

Wyoming Department of Health, Aging Division Four Year State Plan (2006-2010): [http://wdh.state.wy.us/Media.aspx?mediaId=4244]


Notes on the table
  1. 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
  2. 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.
  3. N/A indicates that the data is not available.
  4. X indicates that the column is not applicable.