Senate Bill 1365 by Senator Wesley Chesbro (Sponsored by Protection and Advocacy, Inc. - support letter) was vetoed by the governor on September 29, 2004.  The measure was intended to establish the Olmstead Advisory Council to assist in California’s compliance with the United States Supreme Court’s decision in Olmstead v. L.C. (1999) 527 U.S. 581.  Though Senator Chesbro's bill was the strongest commitment the state could make towards implementing the Olmstead Plan and preventing unnecessary institutionalization, the governor did release an executive order recommitting his administration to the Olmstead Advisory Committee to "provide input to the HHSA on its efforts to evaluate, revise, implement, and monitor the Olmstead Plan, on recommended actions to improve California's long-term care system, and on opportunities to fund expanded or new activities to support individuals with disabilities in their community."  The Arc of California has applied for membership on the new committee and will continue to participate in this process doing everything we can to assure that people with disabilities are included in all facets of community living.
 
 
 
 
 
 
 
 

The Governor Vetoes the SB 1365 (Chesbro) "The Olmstead Bill" but Commits to a New Olmstead Advisory Committee

September 30, 2004

Veto Message:
 To the Members of the California State Senate:
 I am returning Senate Bill 1365 without my signature. I support the author's goal to ensure that Californians are provided comprehensive services supporting the inclusion of persons with disabilities, regardless of age or type of disability, into community life in lieu of unnecessary institutionalization, consistent with the U.S. Supreme Court's Olmstead decision. I fully support the principles underlying the Olmstead decision and am committed to making changes in State programs and policies to ensure that persons with disabilities have appropriate access to and choices of community based services and placement options. I have worked to develop innovative approaches to support the ability of people to live in their homes and communities rather than in institutions, including securing a federal Independence Plus waiver to ensure continued provision of in home services. My Administration is also developing statewide assessment tools to help people move out of institutions or remain in home. In addition, the Health and Human Services Agency (HHSA) has convened its Long Term Care Council to further develop the state plan and approach for meeting the requirements of the Olmstead decision. California's Olmstead Plan, published in 2003, provides an important roadmap for supporting the ability of state residents to live in the most integrated setting possible. My Administration is evaluating this plan and reviewing the best ways to meet the intent of the Olmstead decision. In that regard, I believe that further review, development and implementation of the Olmstead Plan must be informed by input from a diversity of stakeholders. I do not believe that it is necessary to establish such a process in statute, as proposed by SB 1365, and consider the Olmstead Advisory Council established by SB 1365 to be duplicative of efforts already underway by HHSA to convene an Olmstead Advisory Committee. Given my Administration's strong commitment to the principles and objectives of the Olmstead Plan as well as to the value of stakeholder engagement and participation, I believe that formalizing HHSA's establishment of an Olmstead Advisory Committee (Committee) is appropriate. I therefore have issued Executive Order S-18-04 directing HHSA to establish a Committee to provide input to the Agency on its efforts to evaluate, implement and monitor the Olmstead Plan, on recommended actions to improve California's long-term care system, and on opportunities to fund expanded or new activities to support individuals with disabilities in their community. My Administration looks forward to working with the author in identifying strong candidates to serve on this Committee. For these reasons I am unable to sign this measure. Sincerely, Arnold Schwarzenegger
 
 

EXECUTIVE DEPARTMENT

STATE OF CALIFORNIA

Governor's Seal

EXECUTIVE ORDER S-18-04
by the
Governor of the State of California

WHEREAS, unnecessary institutional placement of individuals with disabilities adversely affects the everyday life activities, family relations, social contacts, work options, economic independence, and cultural enrichment of those institutionalized persons; and

WHEREAS, the state has a responsibility to protect against the unnecessary institutionalization of individuals with disabilities; and

WHEREAS, the opportunity to direct one's own affairs, live independently, and attain economic self-sufficiency is an essential component of developing self-worth and personal responsibility; and

WHEREAS, direction has been provided to states under the Americans with Disabilities Act and the United States Supreme Court's decision in Olmstead v. L.C.; and

WHEREAS, community-based care and services can be more cost effective than institutional care, and result in a higher quality of life that promotes the values of community participation, inclusiveness, and respect for diversity; and

WHEREAS, the active involvement of people with disabilities and their representatives in the development and implementation of activities designed to move people into, or allow them to remain in, community-based settings is critical to insuring effective strategies; and

WHEREAS, California has a demonstrated record of success in providing services that support the full integration of persons with disabilities in community life through such programs as In-Home Supportive Services, Medi-Cal, community mental health, and the comprehensive array of services defined under the Lanterman Act; and

WHEREAS, it is possible to build upon California's previous success to improve procedures and implement new tools that will enable more people to fully access their communities.
 

NOW, THEREFORE, I, ARNOLD SCHWARZENEGGER, Governor of the State of California, by virtue of the power vested in me by the Constitution and Statutes of the State of California, do hereby issue this order effective immediately:

1. The state affirms its commitment to provide services to people with disabilities in the most integrated setting, and to adopt and adhere to policies and practices that make it possible for persons with disabilities to remain in their communities and avoid unnecessary institutionalization.

2. The California Health and Human Services Agency (HHSA) shall do all of the following:

A. Assess the state's ability to reasonably accommodate new and improved efforts to prevent unnecessary institutionalization of individuals with disabilities and to facilitate or expand community-based services and supports.

B. Evaluate the May 2003, California Olmstead Plan and make revisions as necessary to insure that it will result in positive action toward the objectives of providing services to people with disabilities in the most integrated setting possible, and enabling persons with disabilities to remain in their communities and avoid unnecessary institutionalization.

C. Identify additional strategies to identify Californians who could be served successfully in non-institutional settings and the barriers to these individuals moving at a reasonable pace from, or avoiding admittance to, institutional long-term care facilities.

D. Research funding opportunities to support expanded or new activities to support individuals with disabilities in their communities.

E. Develop recommendations for changes in state policies that will remove programmatic and fiscal incentives for institutional placement and increase opportunities to utilize community-based services.

F. Develop recommendations for changes in federal policies that will remove programmatic and fiscal incentives for institutional placement and explore options for expanding or modifying the state Medicaid plan or Medicaid waivers.

3. In order to inform the Administration's understanding of the current system and future opportunities and insure the involvement of persons with disabilities and other system stakeholders, the Olmstead Advisory Committee (Committee) is established within the HHSA.

A. The Secretary of HHSA shall select the members of the committee who shall serve at the Secretary's pleasure. The membership of the Committee shall represent the diversity of California's citizenry with respect to culture, language, geography, and disability, including psychiatric, developmental, sensory, cognitive, and physical disabilities. Furthermore, family members, representatives of statewide advocacy organizations, long-term care providers, and city and county governments may also serve on the Committee. Members of the Committee shall serve on a volunteer basis without compensation.

B. The Committee will provide input to the HHSA on its efforts to evaluate, revise, implement, and monitor the Olmstead Plan, on recommended actions to improve California's long-term care system, and on opportunities to fund expanded or new activities to support individuals with disabilities in their community.

4. All state agencies and departments are hereby directed to cooperate with and assist the HHSA in carrying out its duties under this Executive Order.

I FURTHER DIRECT that as soon as hereafter possible, this order be filed in the Office of the Secretary of State and that widespread publicity and notice be given to this order.

This order is not intended to, and does not create any right or benefits, substantive or procedural, enforceable at law or in equity, against the State of California, its departments, agencies, or other entities, its officers or employees, or any other person.
 

California Seal IN WITNESS WHEREOF  I have here unto set my hand and caused the Great Seal of the State of California to be affixed this the twenty-seventh day of September 2004.

/s/ Arnold Schwarzenegger

Governor of California