Dear Friends and Colleagues:
Governor Andrew M. Cuomo delivered his second State of the State address this week in Albany, and I am pleased to report that in his written remarks, the governor announced the creation of an Olmstead Implementation Plan for New York State, which will develop the framework for the housing, employment, assessment, transportation, and other supports necessary to help New Yorkers with disabilities live in the most integrated community settings. While New York State’s Olmstead plan will impact all individuals with disabilities, it also will complement OPWDD’s 1115 People First Waiver, of which a primary goal is improving person-centered services for the individuals we serve.
A little history: the 1999 US Supreme Court ruling, Olmstead v. L.C., pursuant to the Americans with Disabilities Act, held that unjustified isolation “is properly regarded as discrimination based on disability.” The court further ruled that this “perpetuates unwarranted assumptions that persons with disabilities are incapable or unworthy of participating in community life” and that such action “severely diminishes the everyday life activities of individuals, including family relations, social contacts, work
options, economic independence, educational advancement, and cultural enrichment.”
Our goals with the People First Waiver are consistent with the spirit of the Supreme Court ruling. The People First Waiver will help OPWDD further its goal of deinstitutionalization by expanding the capacity of home and community-based clinical and behavioral supports to enable individuals to successfully transition to the community. It will create more innovative options for supporting people in the most
integrated settings possible, and will make it easier for individuals with developmental disabilities and their families to have more choice and control over the services and supports they receive. By starting with the person first, assessing his or her abilities and preferences, and then developing an individualized plan, we will be more successful in building an individual’s capacity for greater independence and life fulfillment.
I thank the governor for his ongoing support of individuals with disabilities and OPWDD’s efforts to strengthen our services. I hope that you will join me in applauding the governor for supporting the creation of a New York State Olmstead Implementation Plan.
Sincerely,
Commissioner Burke
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