Community Integration / Medicaid Resources

More training and technical assistance materials for P&As/CAPs available in password-protected TASC section. If you do not have a username and password, please contact your Executive Director or webmaster@ndrn.org.

Page last updated: 06/30/05

How to file an Olmstead complaint with HHS, Office of Civil Rights

Links to Center for Medicare and Medicaid Services Policy Letters related to Olmstead Implementation

February 2005: State Medicaid Director Letter regarding access to Medicaid Nursing Facilities Data (MDS) to facilitate Olmstead Implementation

December 2004: HSRI Medicaid and Community Integration Litigation Summary

October 2004: NCD Report: Consumer-Directed Health Care (PDF)

September 2004: Virginia P&A Settlement Will Mean Health Coverage for Hundreds of Kids with Disabilities

September 2004: Docket of Cases Related to Access to Community Based Services for People with Disabilities Prepared by Elizabeth Priaulx, J.D., National Association of Protection and Advocacy Systems,

September 2004: Questions and Answers about the Legal Interpretations of the Olmstead v. L.C. Decision, by the National Association of Protection and Advocacy Systems.

September 2004: Docket of Cases Related to Access to Community Based Services for People with Disabilities Prepared by Elizabeth Priaulx, J.D., National Association of Protection and Advocacy Systems,

September 2004: Questions and Answers about the Legal Interpretations of the Olmstead v. L.C. Decision, by the National Association of Protection and Advocacy Systems.

Press Release: CA agrees to provide appropriate discharge planning to stop Laguna Honda lawsuit.

May 2004: Press Release: Court of Appeals Issues Significant Decision for Waiting List Families In Sabree v Richman

May 2004: Costs and Outcomes of Community Services for Persons with Intellectual and Developmental Disabilities, Policy Brief from TRAINING CENTER ON COMMUNITY LIVING at the UNIVERSITY OF MINNESOTA

Q&A on Whether there is a legal basis to require a facility to prepare a discharge plan for a person living in a facility or program.

April 2004: Challenging Medicaid Cuts to Services for Adults

April 2004: Q&A on Medicaid Cost-Sharing Requirements

August 2004: DOJ Issues findings letter citing violations of the ADA Integration mandate by Laguna Honda a CA nursing facility

June 2003: GAO Report Finds Inadequate Oversight of Medicaid Waivers; Senator Calls For Immediate Plan of Correction

Olmstead Implementation and Employment, powerpoint presentation by Curtis Decker, NAPAS Executive Director

May 2003: Overcoming Barriers to Community Integration for Older Americans with Disabilities, by the Bazelon Center - A survey of barriers and recommendations in Pennsylvania, Illinois, Alabama, Michigan, and Nevada.

2003: Texas 1st Year Evaluation of the Money Follows the Person - Medicaid Deinstitutionalization demo.

October 2002: Texas Releases Report on Impact of Medicaid Funding Option; Passes Funding Rider : The Texas Department of Human Services recently issued a report with data on the fiscal and administrative impact of consumer directed Medicaid funding. Texas is one of only a handful of states allowing the "money to follow the person".

October 2002: the Governor's Integrated Services Task Force and The Arkansas Department of Human Services Published for comment "The Olmstead Plan in Arkansas".

August 2002: NAPAS August Olmstead Alert - RE: New Independence Plus Waivers; Changes to the Medicare Homebound Care restriction; and the New HHS, Office on Disability

July 2002: State Long-Term Care: Recent Developments and Policy Directions, by the National Conference of State Legislators. The first of two reports of an 18-month project funded by the Office of the Assistant Secretary for Planning and Evaluation of the U.S. Department of Health and Human Services. This report provides a thumbnail sketch of long-term care budgets, legislation and planning in the 50 states and the District of Columbia. The goal of the project is to obtain insights into recent state long-term care public policy reforms, as evidenced by their proposed or recently enacted legislation, task forces and budgets.

June 2002: EPSDT as a Source of Funding for Early Intervention Services

February 2002: Community Integration Now!  Training Guide: This curriculum is designed to help consumers participate effectively in community integration/Olmstead planning. Developed by Alan Marzilli, National Mental Health Consumers’ Self-Help Clearinghouse, Prepared in February 2002 under contract between The Gallup Organization and the Division of State and Community Systems Development (Mental Health Block Grant Branch), Center for Mental Health Services, Substance Abuse and Mental Health Services Administration,U.S. Department of Health and Human Services.

The Guide also comes with Overheads and is available in Spanish at http://www.olmsteadcommunity.org/resources.html

November 2001: Advocates Guide to Community Living - An Introduction to Georgia's Home and Community-Based Services and Advocacy Steps to Obtain Them by the Disability Law and Policy Center of Georgia, Inc. and the Atlanta Legal Aid Society.

September 2001: Making the Olmstead Decision Work for Children with Mental Health Needs and Their Families, Anne Lezak • Gary MacBeth, Advocates for Human Potential, Inc. Prepared under contract between The Gallup Organization and the Division of State and Community Systems Development (Mental Health Block Grant Branch) Center for Mental Health Services Substance Abuse and Mental Health Services Administration U.S. Department of Health and Human Services

September 2001: Overcoming Barriers to Community Integration for People with Mental Illnesses. , Center for Mental Health Services and Advocates for Human Potential Carol Bianco, Susan Milstrey Wells, The Gallup Organization and the Division of State and Community Systems Development (Mental Health Block Grant Branch), Substance Abuse and Mental Health Services Administration, U.S. Department of Health and Human Services.

August 2001: "New Health Insurance Flexibility and Accountability Act (HCFA) Waivers could mean loss of community services for people with disabilities" Section 1115 of the Social Security Act authorizes an "experimental, pilot or demonstration project which, in the judgment of the Secretary is likely to assist in promoting the objectives" of the Medicaid statute. In August, 2001, the Centers for Medicare and Medicaid Services (CMS) announced the Health Insurance Flexibility and Accountability (HIFA) Demonstration Initiative. HIFA encourages states to use Section 1115 waivers to expand eligibility to individuals who are not eligible for Medicaid or the State Children's Health Insurance Program by offering the ability to limit benefits of some current Medicaid recipients and expedited consideration of the waiver requests. With this encouragement, a number of states have applied for waivers and some have already been approved. Because of the potential negative effect on those currently eligible, it is important to learn as much as you can about your state's waiver, as early as possible. Click here for a CMS announcement about the New Mexico HIFA waiver.

June 2001: Guidelines for The "reasonable assessment of what constitutes the most integrated setting under Olmstead", These guidelines start with the premise that all people can live in the communities of their choice with appropriate supports and services. Advocates can use these parameters to dispel the common view of assessments as "determining community readiness." Instead assessments should be used to identify what resources are necessary to enable community support. These guidelines are not found in the Olmstead decision but were developed by NAPAS and the California P&A to be consistent with the Olmstead decision.

June 1999: The Full Supreme Court Decision in Olmstead v. L.C.

April 1998: The 11^th Circuit’s decision decision in Olmstead v. L.C., which was appealed to the US Supreme Court

For an account of the final settlement in L.C. & E.W. v. Olmstead, with an update on the plaintiffs’ success in the community, visit Atlanta Legal Aid’s page.

1999: Medicaid Waivers as a Tool for Deinstitutionalization Innovative Models and Legal Strategies, by Utah P&A - An outline of this training manual and ordering information. The full document is available for P&As on the Members Only page.

October 1999: Template of issues states should consider when reviewing whether they have a comprehensive effectively working plan for moving unnecessarily institutionalized persons into the community with supports

October 1999: "Under Court Order" - A Report by the Bazelon Center for Mental Health Law, Providing Recommendations for Olmstead Implementation.

1999: National Conference of State Legislatures Technical Assistance Report for Legislators on Deinstitutionalization of Persons With Developmental Disabilities