OLMSTEAD PLAN FOR NEW MEXICO

The Coalition for Living Independently in the Community is continuing its drive to convince state officials to develop a state plan to comply with the requirements established in the Olmstead court decision. In recent testimony to interim legislative committees, CLIC members stressed the importance of a cross-disability, inter-agency approach to identify and address service gaps, and consumer input into the process. To date, the state has shown no interest in this approach. The Department of Health has indicated that it is already in compliance and that a comprehensive plan is unnecessary.

In the Olmstead case, the U. S. Supreme Court held that it is a violation of the Americans with Disabilities Act for a state to confine people with disabilities in an institutional setting if they could be appropriately served at a reasonable cost in less restrictive community settings.

The federal Center for Medicare and Medicaid Services (formerly HCFA, now CMS) has been urging states to develop a comprehensive state plan as a way of assuring compliance with the ruling. A number of federal grants have been made available to assist states with compliance. New Mexico has applied for some of these grants, although it appears to be resisting the idea of a comprehensive plan.

The Real Choices proposal is for $3.5 million over 3 years to streamline the eligibility process for long term care services, and to demonstrate, in the Farmington area, a program that includes transportation and personal care services.

The Nursing Home Transition proposal seeks $1.2 million over 3 years to help transition 40 residents of nursing homes into community residences in Albuquerque, in conjunction with federally subsidized housing vouchers recently awarded to the City of Albuquerque.

The Independent Living Resource Center in Albuquerque has applied for a separate grant to assist in this transition project.