One of President Bush's campaign promises was to issue an Executive Order stating that he would work with the states to implement the Supreme Court's Olmstead decision which stated, in part, that "unnecessary institutionalization was discrimination." Once he was elected the President announced his "New Freedom Initiative," which included a statement that this Executive Order was to be signed February 1, 2001.

This Executive Order, as of today, has not been issued.

ADAPT demands that President Bush issue this Executive Order by May 31, 2001 and that it, at a minimum, contain the following actions:

--> Direct Health and Human Services Secretary Tommy Thompson to:

1. assist states with swift implementation of the Olmstead decision,

2. provide technical assistance to the states regarding the most integrated setting requirement in the Americans with Disabilities Act,

3. fully enforce the rights of people with disabilities with regard to the Americans with Disabilities Act and long term services and supports,

4. and to submit a budget which supports these activities.

--> Commit that no person with a disability should be admitted into a nursing home or other institution unless and until the person is fully informed of all the services available in the community, assessed for such services, offered the choice to live and receive services and supports in the community, and has chosen to move into the institution instead;

--> Assure that all persons either in, or at imminent risk of going into a nursing home or other institution have a community advocate to explain the options available for community services and assist in getting desired services;

--> Involve people with disabilities, older folks, advocates and family members in all aspects of planning, implementing and evaluating the Olmstead decision;

--> Do a major awareness campaign to educate the public, service providers, policy makers and health professionals about why we need community services and how states can deliver home and community services that promote independence in a cost efficient manner;

--> Notify people with disabilities and family members about their rights and options.

In addition, the Executive Order should require states to:

--> Work with people with disabilities, old and young, advocates and HHS/OCR to develop a comprehensive effectively work plan that has:

1. identification process of people in all nursing homes and other institutions;

2. specific times lines for people to move to the community;

3. identification of funding needs for the transition;

4. removal of all administrative barriers to people receiving services in the community;

5. diversion process to keep people from going into nursing homes and other institutions.

--> Enhance or develop all home and community based services so that they include consumer direction and self determination principles so that people with disabilities/families have the maximum control of the services.

In addition, the Executive Order should state the President's commitment to uphold the spirit as well as the legal requirements of the Americans with Disabilities Act.

Created on

Thursday 18 July 2013

Posted on

Sunday 22 November 2020

Albums

• Washington DC, Spring 2001

Visits

251

Rating score

no rate

Rate this photo