Notice, this is not addressed to the National Conference of State Governors.

ISM

-----Original Message-----
From: [log in to unmask] [mailto:[log in to unmask]]
On Behalf Of Stephanie Thomas
Sent: Tuesday, August 10, 1999 4:04 PM
To: micasa-list
Subject: FW: Secretary Donna Shalala/Olmstead, July 28th


Thanks to Mark Johnson for getting this entered electronically!  Stephanie


Following are excerpts from the text of Secretary Shalala's remarks to the
National Conference of State Legislators, July 28th, 1999.

"In June, the Supreme court issued an important decision in a case that's
familiar to many of you:  the Olmstead case.  The Court rules that when a
professional determines that a disabled individual can live in the
community --
and can be served there effectively -- the person must be given the choice
of
doing so.  If I were disabled I would want this choice -- and so would you.

In our view, the Court issued a very balanced and thoughtful decision in
this
case.  Yes, the Court said, if community-based alternatives exist, then we
are
discriminating if a person who can benefit from community care -- and who
wants
to live in the community -- is institutionalized.

At the same time, the Court said we must acknowledge that states have
limited
resources.  The Court's decision doesn't require any state to incur
excessive
new costs.  it does, however, require states to move at a reasonable pace to
provide community-based alternatives.  And the Court also said states can
meet
their obligations by having comprehensive plans.

We support this.  The Olmstead decision defines our mission:  To build
better
systems of supports enabling people with disabilities to live life to the
fullest.  That's the job we need to do -- and I think we ought to welcome
it.

As we move to implement the Olmstead decision, there are three basic
principles
that all of us can agree on, now.  We can agree that no American should have
to
live in a nursing home or state institution if that individual can live in a
community with the right mix of affordable supports.  We can agree that we
all
have the right to interact with family and friends in our communities...to
make
a living...and to make a life.  And we can agree that it will take time,
effort,
creativity and commitment from all of us to make this a reality.

Over the past years, my department has initiated a lot of activities to help
transition people out of nursing homes and other institutions.  We've
focused on
expanding and promoting home and community-based services.  We've offered
support and technical assistance to states.  And we've used the flexibility
of
the Medicaid program to pursue our goals.  In just the last year, we've
developed legislative proposals and funded state grants to move people out
of
nursing homes.

The Olmstead decision proves that we've been moving in the right direction.
Now
it's up to all of us to work together to implement the ruling as quickly as
possible.  To that end, we're ready to meet with you and others to discuss
ways
to work together to carry out the Olmstead decision.  And that includes
discussing the technical assistance we can provide.

NCSL has long been a leader in informing state policy makers about quality
home
and community-based services.  I commend you for your work, but I also want
to
challenge you to do even more.

When you do, keep in mind that Olmstead furthers our ultimate goal:  a
nation
that integrates people with disabilities into the social mainstream,
promotes
equality of opportunity, and maximizes individual choice."

Donna Shalala, US Secretary of Health & Human Services




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