Olmstead Plan - Minnesota Council of Nonprofits

The Impact of Minnesota’s
Olmstead Plan on Nonprofits
October 2, 2015
MCN Annual Conference
Presented by:
Guthrie Byard – Advocate
Gene Martinez – Senior Advocate
Katie McDermott – Advocate Associate
The Arc Greater Twin Cities
Objectives
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Brief overview of The Arc GTC
Learn about the Olmstead Plan’s history
Understand the Plan’s person-centered principles
Intro to Olmstead Plan – it’s goals and objectives
Highlight the Olmstead Plan’s community engagement
efforts
• Share the Plan’s Quality of Life Measurements
• Find out what lies ahead for the Plan
Arc Greater Twin Cities’ Mission
The Arc promotes and protects the human rights of
people with intellectual and developmental
disabilities, actively supporting them and their
families in a lifetime of full inclusion and
participation in their communities.
Who We Serve
Individuals with Intellectual & Developmental Disabilities &
their families across the lifespan
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Down syndrome
Autism Spectrum Disorders
Cerebral palsy
Fetal Alcohol Spectrum Disorders
IQ of 70 or lower
We serve the seven-county metro area
The Arc’s Services
Free Information & assistance and advocacy
MNsure Navigator services
Special education
Social security
Housing
Public policy
Employment
County & state disability services
Other Arc Services
Abuse Prevention & Awareness
Training & resources for self-advocates, professionals &
first responders
Networking Groups
Monthly meetings across the metro, language and
disability-specific groups
FutureLife Options
Families who realize their loved one is likely to outlive
them and who want help planning for the future
Bloomington (newest)
Brooklyn Center
New Hope
Richfield (oldest)
St. Paul
These stores employ persons with disabilities and account
for nearly half of Arc’s revenue
Minnesota’s Olmstead Plan
Origins of Olmstead
• 1999 Landmark U.S. Supreme Court Case
• Plaintiffs were two residents of nursing homes
• Court ruled that under the ADA people have the
right to live in the community in a less restrictive
environment
• Georgia could not force two women to live in
“unjustified isolation” under the ADA
Arc Minnesota Olmstead Video
Olmstead Decision
• If treatment professionals determine
“community placement is appropriate”
• The transfer to a less segregated setting is
not opposed by the individual
• The placement can be reasonably
accommodated
• Taking into account the resources of the state
Applying Olmstead
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Residential settings
Employment settings
Transportation settings
Community services and supports
Post secondary educational settings
Community engagement
Healthcare
Minnesota Olmstead History
2011 Jensen vs. DHS Lawsuit
An Arc Advocate helped families bring lawsuit
concerning abuse of people at the Minnesota
Extended Treatment Options (METO) program in
Cambridge.
A settlement agreement in federal court required
Minnesota to adopt an Olmstead Plan and close
METO
Minnesota Olmstead Plan
• Purpose: “An Olmstead Plan is a way for a
government entity to document its plans to
provide services to individuals with disabilities in
the most integrated setting appropriate to the
individual”*
• Developing an Olmstead Plan to increase
integration is an ideal way to ensure Minnesota
complies with the letter and spirit of the
Olmstead decision.*
* Source: Minnesota Department of Human Services
Olmstead Sub-Cabinet
• Olmstead Planning Committee formed in 2012
• Planning Committee recommended that an
Olmstead Sub-Cabinet be established
• In January of 2013, Gov. Dayton, by Executive
Order, formed the Olmstead Sub-Cabinet in
order to develop a coordinated plan across
state government to open up Olmstead
opportunities
Olmstead Sub-Cabinet Members
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Department of Human Services
Department of Corrections
Department of Human Rights
Department of Education
Department of Health
Department of Transportation
Department of Employment & Economic Dev
Minnesota Housing Finance Agency
Ex officio members: Ombudsperson for Mental Health
and Developmental Disabilities & Gov’s Council on DD
(have full voting rights)
Sub-Cabinet Reauthorized
• January 28, 2015 – Gov. Dayton issues Exec.
Order extending the Olmstead Plan Sub-Cabinet
• Mary Tingerthal, head of MHFA, now chairs SubCabinet
• Ombudsperson for MH/DD, Gov’s Council on DD
still Ex officio members
2013 Listening Sessions
• Several themes emerged from several listening
sessions that the Sub-Cabinet held throughout the
state. People wanted:
o Expanded programs & approaches that provide
access to the most integrated setting, and;
o Real jobs with real wages, and;
o More choices about where they live and who
they live with
2014-15 Public Comments
• “One Size Fits All” plan will not
work
• Adequate funding for services is
needed
• Not everyone can access
available services or supports
• A person-centered approach is
a necessity
Olmstead Plan Progress
• November 1, 2013 – Minnesota’s Olmstead
Plan first draft submitted to court
• July 2014 – Modified Plan submitted to
Federal District Court after getting
community feedback
• September 2014 - Judge Donovan Frank
rejects Minnesota Olmstead Plan for a lack
of actionable goals to attain integration
Progress Continued
• DHS submitted an updated Olmstead Plan
to the federal court on March 20, 2015
• Employment First goals added
• Vocational Rehabilitation will increase
services
• Increased extended employment goals
• Rejected by Federal Court, May 2015
• Rewritten plan submitted August 10, 2015
The Olmstead Plan and PersonCenteredness
“The Minnesota Olmstead Plan sees personcentered planning as foundational to
overcoming system biases and supporting
peoples’ ability to engage fully in their
communities.”
What is “Person-Centered”?
Let us know…
• What does it mean to you
when you hear the words
“person-centered?”
• What images come to mind
when you hear those words?
Person-Centered Planning
A person-centered plan should place a
high priority on approaches that:
o Asks the individual what they want or desire
o Provides informed choices
o Attempts to meet the needs, dreams and
desires of people with disabilities and their
families
Six “Person-Centered” Myths
1. “We’re already doing it”
2. Person-centered planning means asking the person, “What
do you want?”
3. A good plan means a good life
4. Person-centeredness only applies to those working with
people who receive services
5. Person-centeredness applies to only one type of disability
6. Person-centered planning is a process that can be done
separate from more significant organizational change
Minnesota’s Olmstead Plan Goals
Olmstead Implementation Office
• April 2014 – Dr. Darlene Zangara
appointed as the Executive Director of
Implementation Office
• The Olmstead Implementation Office
works on behalf of the Subcabinet to make
sure that the Plan’s vision, goals and timespecific tasks are achieved
13 Olmstead Topic Areas
o Employment
o Housing & Services
o Healthcare & Healthy
Living
o Community
Engagement
o Transportation
o Lifelong Learning &
Education
o Person-Centered
Planning
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Waiting Lists
Positive Supports
Crisis Services
Assistive Technology
Preventing Abuse &
Neglect
o Transition Services
Employment Goal
People with disabilities will have
choices for competitive, meaningful,
and sustained employment in the
most integrated setting
Employment
• More options for less segregated work
opportunities are needed
• Competitive employment is the desired
outcome
• Lack of funding for employment in the
Consumer Directed Community Supports
(CDCS) program prevents many adults
from using CDCS
Myths & Realities
• Day services will not be closed
• No requirement for persons with
disabilities to work full-time
• No requirement for competitive
employment
• No effort to move people off public
benefits
Housing & Services Goal
People with disabilities will choose
where they live, with whom, and in
what type of housing.
Residential Settings
• Overreliance on the 4 person corporate
foster home model
• Moratorium on development of new
corporate foster care since 2009
• Housing Access Services program (HAS):
a partnership between The Arc Minnesota
and DHS has moved over 1100 people
into the community since 2010
Transportation Goal
People with disabilities will have access to
reliable, cost-effective transportation choices
that support the essential elements of life
such as employment, housing and social
connections.
Lifelong Learning and Education
Goal
People with disabilities will experience an
inclusive education system at all levels
and lifelong learning opportunities that
enable the full development of individual
talents, interests, creativity, and mental
and physical abilities.
Health Care and Healthy Living
Goal
People with disabilities regardless of age, type
of disability, or place of residence, will have
access to a coordinated system of health
services that meets individual needs, supports
good health, prevents secondary conditions,
and ensures the opportunity for a satisfying
and meaningful life.
Waiting Lists Goal
“Individuals who qualify for home and
community based waivered services will be
approved for services at a reasonable pace,
determined by the individual’s urgency of
need.”
Positive Supports Goal
“People with disabilities will be treated with
respect and dignity. Physical intervention will
occur only in an emergency when an
individual’s conduct creates an imminent risk of
physical harm to self or another and less
restrictive strategies will not achieve safety.”
Crisis Services Goal
“People with disabilities will live, work, attend
school, and conduct their daily lives in
community settings even when experiencing a
life crisis. If this is not possible, disruption to
daily life will be brief, minimal, and targeted to
meet the individual’s choices and needs.”
Transition Services Goal
“We will provide services to people with
disabilities in a way that helps them to achieve
their life goals. Services will be appropriate to
individual needs, will reflect individual life
choices, and will enable people with disabilities
to interact with nondisabled persons to the
fullest extent possible.”
Community Engagement Goal
People with disabilities will have the
opportunity to fully engage in their
community and connect with others in
ways that are meaningful and aligned
with their personal choices and desires
Topic Areas Under Development
• Assistive Technology: “By 2016, a baseline and
measureable goals will be established for
expanding the use of assistive technology to
increase access to integrated settings
• Preventing Abuse and Neglect: “By 2016, a
baseline and measureable goals will be
established on statewide levels and trends of
abuse, neglect, exploitation, injuries & deaths.
Community Engagement Plan
• Approved by subcabinet on March
10, 2015
• Provides strategies and guidance
for engaging communities and
organizations and tools for
measuring success
8 Guiding Principles for
Community Engagement
Equity
Transparency
Accountability
Inclusion
Respect
Relevance
Collaboration
Cultural Competence
Community Engagement
Worksheets
3 worksheets for nonprofits to help
increase community engagement
• How to plan for engaging communities
• Tracking numbers
• Getting stories
http://www.mn.gov/Olmstead
The Minnesota Olmstead Plan
Quality Assurance and
Accountability
Four Strategic Actions
• Quality of life measurement
• Dispute resolution process for
individuals with disabilities
• Oversight and monitoring
implementation of the plan
• Quality improvement
Quality of Life Measurement
• Minnesota will conduct annual surveys of
people with disabilities to determine quality
of life, including:
– How well people are integrated and engaged
in the community
– Autonomy of people in day to day decision
making
– Whether people are living and working in the
most integrated setting they choose
– Completed pilot study in July 2014
What Lies Ahead?
• Plan still needs to be approved by the court
(latest submission- August 2015)
• Funding to meet all measureable goals still up in
the air – expectation that existing funds would be
reallocated, with the potential for some new
funding
• Accountable agencies like MDE and MDH are
expected to submit their work plans to the court
by early this month
Contact the Olmstead
Implementation Office
Darlene Zangara:
Exec. Director (651) 318-0506,
darlene.zangara@state.mn.us
Kristin Jorenby
Assistant Director (651) 297-2399,
kristin.jorenby@state.mn.us
Tristy A. Auger
Executive Assistant (651-296-8081)
Tristy.A.Auger@state.mn.us
http://www.mn.gov/Olmstead
Guthrie Byard: guthrie@thearcgtc.org
Gene Martinez: gene@thearcgtc.org
Katie McDermott: katie@thearcgtc.org