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
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
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
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
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
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
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
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
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
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
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
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
Pennsylvania has no plan!
Disability Rights Network of PA
• 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
DRN/MHAPA Draft
• Includes:
Background, including PA’s progress
Policy Statement
Guiding Principles
Components to accomplish
Timelines
Disability Rights Network of PA
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
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
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
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
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
Components
• Personal care home plan by June 30,
2012, 50% by June 30, 2017



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Identify individuals with mi
SSI supplement
Educating individuals re options
Start-up funds
Disability Rights Network of PA
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