Senior News May, 2003 Vol. 22. No.  5

 

Published by the Humboldt Senior Resource Center in Eureka, California. HSRC is a non-profit community-based organization offering services for senior citizens, multi-generational families and caregivers.

Big plant sale May 10 FADHS clients have a hand in their garden

Natoinal Council on Aging and American Society on Aging meet to enhance growing older

MSSP turns 20 Vital service has to be cut back by 13 people per month

Serving older Americans

McKinleyville Seniors driving safely

What is Olmstead and why should you care?

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What is Olmstead and why should you care?
Decision will have long-term effect on long-term care
by Kim Laney

    The Olmstead Decision applies to people with all disabilities
including seniors and children living in, or at risk of being placed
in, all kinds of public and private institutions.
    In 1999 the United States Supreme Court ruled in a case
called Olmstead v LC that unnecessary segregation of people with
disabilities in institutions is a form of discrimination in violation
of the Americans with Disabilities Act (ADA).
    This includes people with long-term care needs who by
definition are disabled.
    The Olmstead decision requires that people with disabilities
receive services in community settings rather than institutions when
the person prefers or does not oppose community services.
Professionals can also determine that community services could be
appropriately provided or community placement could be reasonably
accommodated.
    In other words: "No one should have to live in an institution
or a nursing home if they can live in the community with the right
support."
    However, numerous barriers exist for finding the right
support. Many people do not know what resources are available, many
do not know where to turn for help, and often people do not even
admit that they are in a position of needing help.

Coalition of Californians for Olmstead:
    In 2000 several organizations banded together to form the
Coalition of Californians for Olmstead (COCO), dedicated to the
implementation of the Olmstead decision in California. COCO now has
35 member organizations from around the state. They are working with
the state and other agencies.
    California and other states can demonstrate compliance with
its ADA obligations by showing that it has a comprehensive,
effectively working plan for placing qualified people with
disabilities in less restrictive settings and a waiting list that
moves at a reasonable pace not controlled by the state's endeavors to
keep its institutions fully populated.

COCO's Plan:
    One of the key elements of COCO's Olmstead Plan is an
assessment of the current availability of community-integrated
services and the identification of gaps in service availability.
Specific gaps in Humboldt County include affordable housing and
transportation.
    Another Olmstead Plan principle is affording the opportunity
for the consumer to make informed choices. However, individual
informed choice has limits. Individual choice is "that individual
making informed decisions to the extent that they have the
capabilities."
    This needs to be done on an individual-by-individual basis.
What does the individual prefer? Where does s/he want to be? What
barriers does s/he face?
    It is essential that consideration of each person's needs be
decided individually in order to ensure that services are provided in
the most integrated setting appropriate and to help ensure that the
quality of the services meets the needs of the consumers.

What's not in the plan?
    There is no assessment tool in place, no one who will do it,
no timetable, no waiting list, no transistion process, and the biggie
- "as resources permit·" - no funding.
The Legislature has to decide what the next step is. But what
we can do now is get the community ready by providing education about
implementation of the Olmstead decision.
    Collaboration between agencies is key to the success of the
Olmstead Plan. Locally we have many agencies and resources already in
collaboration with one another. The Humboldt Senior Resource Center
can help the individual make contact with needed services such as
Information and Assistance, MSSP, Linkages and Long-Term Care
Ombudsman at 443-9747 or visit www.humsenior.org.
For more information on Olmstead, try these websites
www.pai-ca.org/coco or www.chhs.ca.gov/olmstead.
Kim Laney is Ombudsman Care Manager for the Humboldt Senior
Resource Center. Her e-mail is klaney@humsenior.org.