[NYAPRS Enews] NYAPRS Lauds Gov Cuomo's Executive Order Creating an Olmstead Implementation Cabinet

[Harvey Rosenthal]

NYAPRS Note: Despite passage of Most Integrated Setting Coordinating
Council (MISCC) legislation in 2002, NYS has yet to issue an Olmstead
Plan detailing how we would provide the opportunity for New Yorkers with
disabilities to live and work in those most integrated and independent
settings, in keeping with the requirements of the Americans with
Disabilities Act. This has primarily due to the foot dragging or apathy
of previous Governors, whose attention and authority has been needed to
require state agency commissioners take all appropriate actions to
achieve those goals.

In his State of the State this past  January, NYS Governor Andrew Cuomo
committed the state to "develop an Olmstead Implementation Plan that
will guide the transition of individuals from institutional to
community-based care, provide access to affordable and accessible
housing, and promote employment of persons with disabilities". 

 

Over the course of this past year, the Administration has sought and
collected input from a variety of stakeholders and advocacy groups on
how such a plan should be structured. NYAPRS members have testified at
hearings and held forums that yielded a broad array of recommendations,
including the expectation that the plan set measurable targets and dates
by which public dollars and people with disabilities are supported to
move from segregated to the most integrated setting of their fully
informed choice.

 

Earlier this evening, Governor Cuomo took the next crucial step, issuing
a long expected Executive Order that established an Olmstead Plan
development and implementation body that added high level Administration
staff like the Governor's Deputy Secretary for Health/Director of
Healthcare Redesign; the Counsel to the Governor; the Director of the
Budget to work with previously identified agency commissioners on the
MISCC to develop an Olmstead Plan by next May that will commit our state
to "measurable progress goals for achieving integrated residential
living, including transition goals from segregated to residential
housing, and employment opportunities for people with disabilities."

 

The order requires the Cabinet to formulate the plan with extensive
input from people with disabilities, advocates, housing and employment
providers, local government officials and academicians, as well as the
MISCC.

 

We expect this will allow thousands of New Yorkers to move from
segregated institutional settings like hospitals, adult and nursing
homes and congregate living to supported or independent apartments....
and from an impoverished life languishing in life long day programs to
independent employment, with supports provided as desired and necessary.

 

NYAPRS congratulates and thanks Governor Cuomo for stepping forward and
fully committing our state to a long awaited detailed plan to support
New Yorkers with disabilities to achieve their rights to live and work
in the most integrated setting of their choice. We look forward to
working with his Administration to help people with disabilities to
realize their dreams and goals and to fully integrate into their local
communities. 

 

And as a MISCC member who has waited in vain for 10 years to see such a
plan, I want to express my personal thanks to the Governor for making
this goal his personal priority.

--------------------

 

ESTABLISHING THE OLMSTEAD PLAN DEVELOPMENT AND IMPLEMENTATION CABINET

WHEREAS, the United States Supreme Court held in Olmstead v. L.C., 527
U.S. 581 (1999), that Title II of the Americans with Disabilities Act
prohibits the unjustified segregation of people with disabilities and
requires states to provide people with disabilities with necessary
support and services in the most integrated setting appropriate to their
needs;

WHEREAS, the Olmstead court recognized that unnecessary institutional
placement can isolate people with disabilities and severely diminish
their family relations, social contacts, employment options, economic
independence and educational advancement;

WHEREAS, the State of New York is committed to the principle that people
with disabilities should have access to community-based services,
accessible housing with appropriate supports, and employment
opportunities that enable them to live productive lives in their
communities;

WHEREAS, all New Yorkers with disabilities and their families should
have the opportunity to make informed choices regarding services,
settings and related issues;

WHEREAS, the State of New York has taken important steps to strengthen
community-based supports for people with disabilities, including
accelerated access to care management that better addresses individual
needs; and the creation of health homes that provide integrated care
coordination for complex populations, including people with
disabilities;

WHEREAS, the State of New York continues to fulfill its commitment to
people with disabilities, through the inclusion of a supportive housing
initiative and funding for supported housing in the State Fiscal Year
2012-13 Executive Budget; and

WHEREAS, it is critically important for the State of New York to develop
and implement a comprehensive Olmstead Plan on behalf of all of New
York's children and adults with disabilities;

NOW, THEREFORE, I, Andrew M. Cuomo, Governor of the State of New York,
by virtue of the authority vested in me by the Constitution and laws of
the State of New York, do hereby order as follows:

 

A. Definitions

As used herein, the following terms shall have the following meanings:

1. "State agency" or "agency" shall mean any state agency, department,
office, board, bureau, division, committee, council or office.

2. "Authority" shall mean a public authority or public benefit
corporation created by or existing under any New York State law, with
one or more of its members appointed by the Governor or who serve as
members by virtue of holding a civil office of New York State, other
than an interstate or international authority or public benefit
corporation, including any subsidiaries of such public authority or
public benefit corporation.

 

B. Olmstead Plan Development and Implementation Cabinet

1. There is hereby established the Olmstead Plan Development and
Implementation Cabinet (the "Cabinet") to provide guidance and advice to
the Governor.

2. The Cabinet shall be comprised of the Governor's Deputy Secretary for
Health/Director of Healthcare Redesign; the Counsel to the Governor; the
Director of the Budget; the Commissioner of Developmental Disabilities;
the Commissioner of Health; the Commissioner of Labor; the Commissioner
of Transportation; the Commissioner of Mental Health; the Commissioner
of Alcoholism and Substance Abuse Services; the Commissioner of Children
and Family Services; the Commissioner of Homes and Community Renewal;
the Commissioner of Temporary and Disability Assistance; the Director of
the State Office for the Aging; and the Chair of the Commission on
Quality of Care and Advocacy for Persons with Disabilities. Additional
members may be appointed to the Cabinet at the discretion of the
Governor.

3. The Governor shall appoint the Chair of the Cabinet from among the
members of the Cabinet.

4. Each member of the Cabinet may designate a staff member to represent
him or her and participate in the Cabinet on his or her behalf. The
Cabinet shall meet at the call of the Chair as often as is necessary and
under circumstances as are appropriate to fulfill its duties under this
section

.

C. Cooperation with the Cabinet

1. Each agency and authority of the State of New York shall provide to
the Cabinet such information, assistance and cooperation, including use
of State facilities, which is reasonably necessary to accomplish the
purposes of this Order.

2. Staff support necessary for the conduct of the Cabinet's work may be
furnished by agencies and authorities (subject, as necessary, to the
approval of the board of directors of such authorities).

 

D. Duties and Purposes

1. The Cabinet shall make recommendations to the Governor concerning the
development, implementation and coordination of an Olmstead Plan (the
"Plan") for the State of New York. In making such recommendations, the
Cabinet shall consider potential elements of the Plan, including but not
limited to:

a. identification of the essential requirements of compliance with
Olmstead and the Americans with Disabilities Act;

b. assessment procedures to identify people with disabilities who could
benefit from services in a more integrated setting and the development
of a coordinated assessment process for individuals of all ages with
disabilities in need of services;

c. measurable progress goals for achieving integrated residential
living, including transition goals from segregated to residential
housing, and employment opportunities for people with disabilities;

d. measurable goals for providing supports and accommodations necessary
for successful community living;

e. statutory and regulatory changes to implement the Plan;

f. a coordination strategy for the work of state agencies and
authorities to implement the Plan, including specific and reasonable
timeframes for implementation;

g. actions to promote community understanding of and support for
integrated residential living for people with disabilities;

h. other appropriate measures to achieve and implement a comprehensive
and unified Plan; and

i. how best to maximize available resources in support of the Plan.

2. In developing recommendations for the development of the Olmstead
Plan and its implementation and coordination, the Cabinet shall consult
with the Most Integrated Setting Coordinating Council and other relevant
entities and stakeholders concerned with development and implementation
of the Olmstead Plan.

3. In carrying out its responsibilities under this Order, the Cabinet
shall seek the guidance and expertise of stakeholders, including, but
not limited to, organizations that advocate on behalf of people with
disabilities, providers of services to people with disabilities,
associations concerned with housing and employment for people with
disabilities, academic institutions and local governments, and shall
solicit input from the public.

4. The Cabinet shall commence its work immediately. On or before May 31,
2013, the Cabinet shall submit a final report to the Governor, setting
forth its recommendations concerning establishment, implementation and
coordination of the Olmstead Plan, at which time the Cabinet shall
terminate its work and be relieved of all responsibilities and duties
hereunder. Prior to such date, the Board shall issue additional reports
to the Governor of its activities, findings, recommendations and
coordination in furtherance of the purposes of this Order from time to
time as directed by the Governor or the Governor's designee.

G I V E N under my hand and the Privy Seal of the State in the City of
Albany this thirtieth day of November in the year two thousand twelve.

BY THE GOVERNOR

Secretary to the Governor

 

http://www.governor.ny.gov/executiveorder/84 

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