California Olmstead Plan Information
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The 1999 Olmstead Supreme Court Decision and California

In a landmark interpretation of the ADA (Americans with Disabilities Act), the Supreme Court decided that people with disabilities have a right to receive care in the most integrated setting appropriate and that unnecessary institutionalization violates the ADA. All states must now comply with the decision. The Center for PAS is tracking the legal and policy ramifications of the Olmstead decision in each state.

For a complete list of Federal cases please refer to the Department of Justice, Olmstead Litigation page.

(Data below extracted from the Olmstead Lawsuits and Olmstead Plans report, the State Olmstead Plans and Alternative Strategies table and the Olmstead and Olmstead-Related Lawsuits table available at the links above.)

California State Olmstead Planii

Updated February 2012, California has an Olmstead Planii entitled: The California Olmstead Plan

Further Information iii

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

Notes and References: CA12

California Legal Cases Related to Olmstead (updated April 2012)

The Center for PAS has tracked 16 Olmstead and Olmstead related legal cases in California.

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