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7/31/99, 9:22 pmcdt
Secretary Shalala on Olmstead
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
The Memphis Center for Independent Living
1633 Madison Avenue,
Memphis, TN 38104
(901) 726-6404 v/tty (901) 726-6521 fax
mcil@mcil.org
MCIL is a United Way of the Mid-South member Agency
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