Newsroom > DHHS News Release

For Immediate Release
November 17, 2016

Contact Julie Naughton, Public Information Officer, Communications and Legislative Services, (office) 402-471-1695 or (cell) 402-405-7202, julie.naughton@nebraska.gov

Disability Services Stakeholder Olmstead Advisory Committee Meeting Planned for Nov. 29

Lincoln—On Tuesday, Nov. 29, the Department of Health and Human Services (DHHS) plans to hold a meeting of the Disability Services Stakeholder Olmstead Advisory Committee for planning the implementation of LB 1033, passed in 2016.

The meeting will be held at the Nebraska State Office Building, Lower Level A, from 1:00 pm to 3:00 pm. The public is welcome to attend and will have an opportunity to speak.

LB 1033 requires that the Nebraska Department of Health and Human Services develop a comprehensive, effective working plan for placing qualified persons with disabilities in the most integrated community-based service settings.  It is a requirement established by Supreme Court case 527 U.S. 581, Olmstead v. L.C., which ruled that unjustified segregation of persons with disabilities constitutes discrimination of the federal Americans with Disabilities Act of 1990. The Court said public entities must provide community-based services to persons with disabilities when (1) such services are appropriate; (2) the affected persons do not oppose community-based treatment; and (3) community-based services can be reasonably accommodated, taking into account the resources available to the public entity and the needs of others who are receiving disability services from the entity.

DHHS is convening a team consisting of persons from each of the six divisions of DHHS and representation from nearly two dozen groups to assess components of the strategic plan and consult with other state agencies that administer programs serving persons with disabilities. 

A preliminary progress report is due to the Legislature and the Governor by Dec. 15, 2016, which includes the components of the strategic plan which may be in development and the department’s recommendation on hiring a consultant. A second progress report to the Legislature and the Governor is due by Dec. 15, 2017; and the team is expected to provide the completed strategic plan to the Legislature and the Governor by Dec. 15, 2018.

 

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