Where We Are Going

1. Where We Are Going • ADA Title II • Olmstead • Olmstead plan requirements • Olmstead planning in PA • Where do we go from here? Disability Rights Network of PA

2. What’s Next • OMHSAS has a copy, waiting for official response. • Take it to the community for education and support. Disability Rights Network of PA

3. Some Laws That Protect Persons With Disabilities • Federal: • Individuals with Disabilities in Education Act (IDEA) • Fair Housing Act • Rehabilitation Act of 1973 • Americans with Disabilities Act • State: • Pennsylvania Human Relations Act Disability Rights Network of PA

4. Americans With Disabilities Act • Federal Statute. • Provisions Became Effective in 1992. • The ADA Makes Discrimination on the Basis of Disability Illegal. Disability Rights Network of PA

5. Anatomy of the Americans With Disabilities Act • Title I – Employment • Title II – Public Services • Title III - Private entities providing Public Accommodations • Title IV- Telecommunications • Title V - Miscellaneous Provisions Disability Rights Network of PA

6. ADA Title II - Public Services No qualified individual with a disability shall, by reason of such disability, be excluded from participation in or denied the benefits of the services, programs, or activities of a public entity, or be subject to discrimination by such entity. Disability Rights Network of PA

7. Title II - Public Entity means… Any State or Local Government or Agency or Department of any State or Local Government All Programs or Activities of State or Local Government Transit Authorities and AMTRAK Disability Rights Network of PA

8. Title II regulations • Developed by the Dept. of Justice • Adopted the “integration mandate” • Services, programs, and activities must be administered in the most integrated setting appropriate to the needs of the individual. Disability Rights Network of PA

9. Olmstead lawsuit • Olmstead v. L.C., 527 U.S. 581 (1999) • Brought on behalf two women against the Georgia Commissioner of Human Resources • Supreme Court held that unnecessary segregation in an institution is discrimination • Community services must be provided unless doing so would be a fundamental alteration Disability Rights Network of PA

10. Olmstead lawsuit • State must adopt a Comprehensive, Effective Plan • Place qualified persons in less restrictive settings • Ensure that any waiting list moves at a reasonable pace. Disability Rights Network of PA

11. Frederick L. (2005) • PA lawsuit further defined Olmstead requirements in PA: • Plan requires timeframes or target dates and approx. number to be discharged during each time period • Other cases: • extend the integration mandate to making sure individuals in congregate care have the option of community alternatives • further extend to people at risk of institutionalization Disability Rights Network of PA

12. Olmstead Plan • Must address unnecessary institutionalization in facilities, hospitals, and private congregate settings; • Must prevent unnecessary segregation; • Must provide community alternatives; • Must have concrete timelines that include target dates and numbers of individuals; • Any waiting list must move at a reasonable pace Disability Rights Network of PA

13. Pennsylvania has no plan! Disability Rights Network of PA

14. DRN and MHAPA formulated a draft in early 2009. • PMHCA reviewed and supports the draft. • Provided OMHSAS with a copy for input. • Next step is taking the Plan to the Community. Disability Rights Network of PA

15. DRN/MHAPA Draft • Includes: • Background, including PA’s progress • Policy Statement • Guiding Principles • Components to accomplish • Timelines Disability Rights Network of PA

16. Guiding Principles • People can and do recover. • People with mi can be served in the community. • CSPs should be used to determine supports and infrastructure needed. Disability Rights Network of PA

17. Guiding Principles cont’d • Counties must develop broad array of community options. • Funding for community mh services must expand. • Stakeholders must be involved at all levels of planning. Disability Rights Network of PA

18. Components • All state psych hospitals will close by June 20, 2017 • Hospital funding will go to community • CSPs • DPW/OMHSAS will review implementation at regular intervals • Implementation will be under OMHSAS Advisory Committee Disability Rights Network of PA

19. Components • Each County will develop a service area integration plan June 30, 2012 • Based on CSPs • Housing • Non-residential supports and services • Meeting specialized needs Disability Rights Network of PA

20. Components • Forensic plan by June 30, 2012, implement by June 30, 2017 • Sequential Intercept Model • Mh courts • Cooperation with CJABs • Police training • Mh trmt in jails and prisons • Residential and CM pgms Disability Rights Network of PA

21. Components • Personal care home plan by June 30, 2012, 50% by June 30, 2017 • Identify individuals with mi • SSI supplement • Educating individuals re options • Start-up funds Disability Rights Network of PA

22. Components • Comprehensive funding strategy by June 30, 2012 • State hospital $ go to community • Revenues from property disposition • HealthChoices capitation and reinvestment • Identify all other potential sources Disability Rights Network of PA