CIL-NET Presents…

1. CIL-NET Presents… Filing Complaints to Leverage Olmstead Enforcement:The Kansas Experience A National Teleconference & Webinar March 22, 2012 Presenter: Shari Coatney

2. Olmstead History 101 • What is Olmstead? • How did the Olmstead Ruling come to be? • How are the Olmstead Ruling and ADA connected? • Now focus on “Filing Complaints to Leverage Olmstead Enforcement”

3. Olmstead History 101, cont’d. • Olmstead is the 1999 Supreme Court judgment in the case Olmstead v. L.C. The case was brought against the Georgia State Commissioner of Human Resources, Tommy Olmstead on behalf of two women with developmental disabilities known as L.C. and E.W. • They were diagnosed with mental illness. They were voluntarily admitted to Georgia Regional Hospital for treatment in a psychiatric unit. After some time, they indicated their preference for discharge and the professionals working with them assessed that they were ready to move into a community setting with appropriate support.

4. Olmstead History 101, cont’d. 2 • However, they were not successfully discharged from hospital and in 1995 the Atlanta Legal Aid Society brought this lawsuit and it was eventually heard by the Supreme Court. • The Supreme Court ruled that under Title II of the Americans with Disabilities Act the women had the right to receive care in the most integrated setting appropriate and that their unnecessary institutionalization was discriminatory and violated the ADA.

5. Three areas of discussion • Why Olmstead? • “How to” steps that use existing services • Systems change through grassroots

6. Why Olmstead? • Civil Rights Issue • We are advocates “It is our JOB” • Develops Individual Empowerment • This is a great first step to teach people to self advocate • CILs have a responsibility • To be educating, assisting, and supporting consumers to advocate for themselves

7. Questions and Answers

8. “How to” steps that use existing services • Contact all organizations involved • Kansas worked trough the state caucus • Develop a plan to process each complaint • Provide access to the needed information • Track the success of the group • Work through the people already providing services • Use the resources that are in place

9. Myths about Olmstead Complaints True or False • Only the consumer can file a complaint • Complaint forms are too complex • Complaints should be sent to only one central office

10. Example Letter to the Office of Civil Rights Date: July 22, 2011 To: Jan Ro-Truck Civil Rights Investigator Office Of Civil Rights 601 E. 12th Street-Room 248 Kansas City, Mo. 64101 Phone # 816-426-7235 Fax # 816-426-3686 Olmstead Complaint: “Integration Mandate Complaint” This complaint is being filed on the behalf of the person listed below by: Gwain January Southeast Kansas Independent Living & Resource Center P.O. Box 478 Columbus, Ks 66725 620-429-3600 E-Mail: gwainj@skilonline.com

11. Example Letter to the Office of Civil Rights, cont’d. Name(s): John Doe Address 0001 John Doe Ave. John Doe, Ks 00100 Phone Number 001-001-0000 Age: 43 D.O.B. 00-01-0001 Threshold Score: 32 John Doe is disabled & needs assistance with daily living skills. John Doe has been diagnosed with visual impairments, blindness of the right eye, and partial vision of the right eye. He also has Glaucoma, Degenerating Disc Disease, Type Two Diabetes, and Arthritis. John Doe has been assessed for HCBS using the Kansas State Client Assessment and he meets the criteria. This is the same assessment used for eligibility to receive services in a nursing facility. Over 75 people have died while waiting on funding for HCBS. John Doe has requested that an Olmstead Complaint be filed on his behalf against the State of Kansas SRS Department for placing him on a waiting list to receive HCBS in which he has been waiting for a year and a half, since July 13, 2009. The Kansas SRS Mission Statement reads: To protect children & promote adult self sufficiency.

12. Questions and Answers

13. Systems change through grassroots • Recognize all involved • Record the work and encourage all • Work towards accountability • Work together • Complaints need to cover complete population • Complaints need to be timely • Set a goal and a deadline • Develop network • Allow individuals to take leadership and own the part that they contribute

14. Links to Kansas Forms as Examples • Civil Rights Discrimination Complaint Form Package: http://www.hhs.gov/ocr/civilrights/complaints/discrimhowtofile.pdf • State of Kansas Uniform Assessment Instrument: http://www.srs.ks.gov/agency/css/Documents/TBI/HI%20FORMS/HI-UAI.pdf

15. Links to Kansas Forms as Examples, cont’d. • Home and Community Based Services PD Waiver. Medicaid Long Term Care Services Threshold Guide: http://www.srs.ks.gov/agency/css/Documents/PD%20Waiver/LTCThreshold.pdf • HCBS PD Waiver Waiting List Request: http://www.srs.ks.gov/agency/css/Documents/PD%20Waiver/PDWait.pdf

16. Questions and Answers

17. Wrap Up and Evaluation • Please complete the evaluation of this program by clicking here: https://vovici.com/wsb.dll/s/12291g4e80f

18. CIL-NET • Support for development of this Webinar/teleconference was provided by the U.S. Department of Education, Rehabilitation Services Administration under grant number H132B070002. No official endorsement of the Department of Education should be inferred. Permission is granted for duplication of any portion of this PowerPoint presentation, providing that the following credit is given to the project: Developed as part of the CIL-NET, a program of the IL-NET, an ILRU/NCIL/APRIL National Training and Technical Assistance Project.