SB1365 Chesbro !!VETOED!! CDR Supported! Olmstead

!!VETOED!!!! Tuesday September 28th
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
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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.
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 SchwarzeneggerGovernor of California

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LEGISLATIVE UPDATE
* Senator Chesbro's SB 1365 "Olmstead Bill" Passes Final Vote In Senate
* Heads To Governor - Adminstration Remains Opposed
* Advocates Vow Campaign For Governor To Sign Bill
SACRAMENTO - Legislation that would establish in state law an advisory council to help bring California in compliance with the 1999 US Supreme Court Olmstead Decision passed its final vote in the legislature Wednesday (8/25), with the State Senate approving the amendments made in the Assembly, on a bi-partisan vote of 28 to 8. The bill, SB 1365 by Sen. Wes Chesbro (D-Arcata), now heads to the Governor for consideration, who has until September 30 to sign or veto the measure (he can also allow the bill to become law without his signature).
The Schwarzenegger Administration earlier indicated it would oppose any version of the bill, and the Governor is likely to veto the measure. Advocates meanwhile have vowed to launch a major campaign to urge Governor Schwarzenegger to sign the bill, as a step toward bringing the state in compliance with the US Supreme Court ruling. Some advocates have criticized the State for lagging behind in fully implementing the Supreme Court decision - a delay that they say violates the rights of people with disabilities and seniors.
The bill passed the Assembly earlier this week by a vote of 51-27.
The legislation establishes in statute the "Olmstead Advisory Council", and provides that the council shall provide advice and make recommendations to the California Health and Human Services Agency for the placement of individuals in non-institutional settings. Amendments in the Assembly added an additional task to the Olmstead Council, requiring the body toto review options for expanding or modifying the state Medicaid plan or waivers to address barriers to persons moving from or avoiding placement in institutional settings.
Thank you to Marty Omoto and CDCAN for this release! Support !
View website at www.cdcan.us
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!UPDATE! August 26, 2004 From Peggy Collins
Friends,
Yesterday, SB 1365 received its final Legislative approval and will shortly be before the Governor for his consideration. Only the strong and constant support of persons with disabilities, family members, and their advocates have made the success of this bill possible.
Late last week, I met with Kim Belshé, Secretary of the Health and Human Services Agency, to discuss her opposition to SB 1365. As an outcome of that meeting, the Agency offered numerous amendments for my consideration.
I greatly appreciate Ms. Belshé's willingness to discuss SB 1365 and the offering of amendments.
Among other things, the Agency's proposed amendments:

>deleted language that would have the Olmstead Advisory Council (Council) advise the Legislature on recommended actions to improve our long-term care system;
>deleted language that would have the Council advise on proposed legislation, budget proposals, or regulatory changes that would either adversely impact or enhance the State's ability to comply with the Olmstead decision;
>deleted language that would have the Council review, for consistency with the Olmstead Plan, existing assessment procedures for individuals residing in institutions or at risk of placement in institutions;
>deleted language that would have the Council assist in identifying activities that would ensure that waiting lists move at a reasonable pace;
>deleted language that would have the Council assist in developing a strategy for diverting individuals from initial placement in skilled nursing facilities, and other institutions, including but not limited to, creation of a model assessment process, identification of alternative community services, and recommending a timeline for implementing the strategy statewide;
>deleted language that would have the Council advise the Agency and State Department on regulations and licensing requirements that are inconsistent with, and impede the implementation of, the Olmstead Plan;
>deleted language that would have the Council review options for expanding or modifying the State Medicaid plan or Medicaid waivers to address barriers to persons moving from, or avoiding placement in, institutional facilities;
>deleted language that would have the Department report to the Agency, Legislature and Olmstead Advisory Council, and post on relevant web sites, information about all current home and community based waivers and about any proposed new waivers.

Again, I greatly appreciate the efforts of Ms. Belshé and I firmly believe she is committed to expanding community-living options for persons with disabilities.
However, these proposed amendments were too extensive and submitted too late to allow for meaningful discussion.
Therefore, I could not accept the amendments and SB 1365 was approved by the Legislature in its existing form.
I remain hopeful that, with your continued support, the Governor will sign SB 1365 into law.
I hope you will make one final effort toward this end by contacting the Governor and urging his support. You can contact the Governor at:
Governor Arnold Schwarzenegger
State Capitol BuildingSacramento, CA 95814
Phone: 916-445-2841
Fax: 916-445-4633
To send an Electronic Mail, please visit:http://www.govmail.ca.gov
If you have any questions, please do not hesitate to contact my office at 916-445-3375.
Thank you for your consideration.
Sincerely,


WESLEY CHESBRO
Chair
WC/pc
cc: Kim Belshé

http://www.leginfo.ca.gov/pub/bill/sen/sb_1351-1400/sb_1365_bill_20040827_status.html