LB 570: Olmstead

Senator Lynne Walz

LB 570 aims to ensure proper implementation of an Olmstead Plan. This will help make sure that the state is inclusive and that the state avoid a potentially costly lawsuit.

• In brief, Olmstead Plans emerged from the Supreme Court's decision in Olmstead v. L.C., a ruling that requires states, based on the Americans with Disabilities Act, to eliminate unnecessary segregation of persons with disabilities and to ensure that persons with disabilities receive services in the most integrated setting appropriate to their needs. The United States Supreme Court held in 1999 that unjustified segregation of persons with disabilities constitutes discrimination in violation of title II of the Americans with Disabilities Act. The Court held that public entities must provide community-based services to persons with disabilities when
• such services are appropriate;
• the affected persons do not oppose community-based treatment; and
• community-based services can be reasonably accommodated, taking into account the resources available to the public entity and the needs of others who are receiving disability services from the entity.

• Regarding the rationale for LB 570, in 2016, Senator Kathy Campbell introduced LB 1033, which was passed by the Legislature. In short, LB 1033 required the Department of Health and Human Services (HHS) to develop a comprehensive strategic plan for providing services to persons with disabilities in the most integrated community-based settings pursuant to the Olmstead decision. As part of this plan, HHS was to

1. convene a team consisting of persons from each of the divisions of HHS
2. consult with other state agencies that administer programs serving persons with disabilities
3. appoint and convene a stakeholder advisory committee to assist in the review and development of the plan
4. determine whether a consultant to assist with the development of the strategic plan was needed
5. provide progress reports to the Legislature and the Governor by December 2016 and then again December 2017
6. The final plan was supposed to be completed by December 15 2018

• This bill would take several clear actions:
  • Clarify what departments must participate in Olmstead Implementation
  • Extend the report date so that the state will no longer be in violation of Nebraska Revised Statute 81-6,122
  • Provide for the extension of the Olmstead Advisory Committee
  • Ensure that the plan is update every 3 years
  • This is a vital step to making sure that an Olmstead Plan is completed and fully implemented