Current through Register Vol. 46, No. 39, September 25, 2024
WHEREAS, the United States Supreme Court held in Olmstead
v. L.C., 527 U.S. 581(1999), that Title II of the Americans with Disabilities
Act prohibits the unjustified segregation of people with disabilities and
requires states to provide people with disabilities with necessary support and
services in the most integrated setting appropriate to their needs;
WHEREAS, the Olmstead court recognized that unnecessary
institutional placement can isolate people with disabilities and severely
diminish their family relations, social contacts, employment options, economic
independence and educational advancement;
WHEREAS, the State of New York is committed to the
principle that people with disabilities should have access to community-based
services, accessible housing with appropriate supports, and employment
opportunities that enable them to live productive lives in their
communities;
WHEREAS, all New Yorkers with disabilities and their
families should have the opportunity to make informed choices regarding
services, settings and related issues;
WHEREAS, the State of New York has taken important steps to
strengthen community-based supports for people with disabilities, including
accelerated access to care management that better addresses individual needs;
and the creation of health homes that provide integrated care coordination for
complex populations, including people with disabilities;
WHEREAS, the State of New York continues to fulfill its
commitment to people with disabilities, through the inclusion of a supportive
housing initiative and funding for supported housing in the State Fiscal Year
2012-13 Executive Budget; and
WHEREAS, it is critically important for the State of New
York to develop and implement a comprehensive Olmstead Plan on behalf of all of
New York's children and adults with disabilities;
NOW, THEREFORE, I, Andrew M. Cuomo, Governor of the State
of New York, by virtue of the authority vested in me by the Constitution and
laws of the State of New York, do hereby order as follows:
A. Definitions
As used herein, the following terms shall have the
following meanings:
1. "State agency"
or "agency" shall mean any state agency, department, office, board, bureau,
division, committee, council or office.
2. "Authority" shall mean a public authority
or public benefit corporation created by or existing under any New York State
law, with one or more of its members appointed by the Governor or who serve as
members by virtue of holding a civil office of New York State, other than an
interstate or international authority or public benefit corporation, including
any subsidiaries of such public authority or public benefit
corporation.
B. Olmstead
Plan Development and Implementation Cabinet
1.
There is hereby established the Olmstead Plan Development and Implementation
Cabinet (the "Cabinet") to provide guidance and advice to the
Governor.
2. The Cabinet shall be
comprised of the Governor's Deputy Secretary for Health/Director of Healthcare
Redesign; the Counsel to the Governor; the Director of the Budget; the
Commissioner of Developmental Disabilities; the Commissioner of Health; the
Commissioner of Labor; the Commissioner of Transportation; the Commissioner of
Mental Health; the Commissioner of Alcoholism and Substance Abuse Services; the
Commissioner of Children and Family Services; the Commissioner of Homes and
Community Renewal; the Commissioner of Temporary and Disability Assistance; the
Director of the State Office for the Aging; and the Chair of the Commission on
Quality of Care and Advocacy for Persons with Disabilities. Additional members
may be appointed to the Cabinet at the discretion of the Governor.
3. The Governor shall appoint the Chair of
the Cabinet from among the members of the Cabinet.
4. Each member of the Cabinet may designate a
staff member to represent him or her and participate in the Cabinet on his or
her behalf. The Cabinet shall meet at the call of the Chair as often as is
necessary and under circumstances as are appropriate to fulfill its duties
under this section.
C.
Cooperation with the Cabinet
1. Each agency
and authority of the State of New York shall provide to the Cabinet such
information, assistance and cooperation, including use of State facilities,
which is reasonably necessary to accomplish the purposes of this
Order.
2. Staff support necessary
for the conduct of the Cabinet's work may be furnished by agencies and
authorities (subject, as necessary, to the approval of the board of directors
of such authorities).
D.
Duties and Purposes
1. The Cabinet shall make
recommendations to the Governor concerning the development, implementation and
coordination of an Olmstead Plan (the "Plan") for the State of New York. In
making such recommendations, the Cabinet shall consider potential elements of
the Plan, including but not limited to:
a.
identification of the essential requirements of compliance with Olmstead and
the Americans with Disabilities Act;
b. assessment procedures to identify people
with disabilities who could benefit from services in a more integrated setting
and the development of a coordinated assessment process for individuals of all
ages with disabilities in need of services;
c. measurable progress goals for achieving
integrated residential living, including transition goals from segregated to
residential housing, and employment opportunities for people with
disabilities;
d. measurable goals
for providing supports and accommodations necessary for successful community
living;
e. statutory and regulatory
changes to implement the Plan;
f. a
coordination strategy for the work of state agencies and authorities to
implement the Plan, including specific and reasonable timeframes for
implementation;
g. actions to
promote community understanding of and support for integrated residential
living for people with disabilities;
h. other appropriate measures to achieve and
implement a comprehensive and unified Plan; and
i. how best to maximize available resources
in support of the Plan.
2. In developing recommendations for the
development of the Olmstead Plan and its implementation and coordination, the
Cabinet shall consult with the Most Integrated Setting Coordinating Council and
other relevant entities and stakeholders concerned with development and
implementation of the Olmstead Plan.
3. In carrying out its responsibilities under
this Order, the Cabinet shall seek the guidance and expertise of stakeholders,
including, but not limited to, organizations that advocate on behalf of people
with disabilities, providers of services to people with disabilities,
associations concerned with housing and employment for people with
disabilities, academic institutions and local governments, and shall solicit
input from the public.
4. The
Cabinet shall commence its work immediately. On or before May 31, 2013, the
Cabinet shall submit a final report to the Governor, setting forth its
recommendations concerning establishment, implementation and coordination of
the Olmstead Plan, at which time the Cabinet shall terminate its work and be
relieved of all responsibilities and duties hereunder. Prior to such date, the
Board shall issue additional reports to the Governor of its activities,
findings, recommendations and coordination in furtherance of the purposes of
this Order from time to time as directed by the Governor or the Governor's
designee.
Signed: Andrew M. CuomoDated: November 30, 2012
