Olmstead and Creating Integrated Permanent Supportive Housing Opportunities Presented by: Kevin Martone, Executive Director Technical Assistance Collaborative, Inc. July 16, 2015

2 TAC TAC is a national, non-profit firm that provides consulting and technical assistance to federal, state, and local government, providers and other stakeholders on human services and affordable housing issues for people with disabilities, the homeless, and Veterans. Services include: Policy development Program design and implementation Financing Outcomes and performance evaluation Workforce training

3 The Mandate for Community Integration In the landmark Olmstead v. L.C. decision (1999), the U.S. Supreme Court held that public entities (state and local government) have an affirmative obligation to ensure that individuals with disabilities live in the least restrictive, most integrated settings possible. The regulations implementing Title II define an integrated setting as one that “enables individuals with disabilities to interact with nondisabled persons to the fullest extent possible.” 28 C.F.R. § (d) 28 C.F.R. § Pt. 35, App. A (2010) (addressing § )

4 Community Integration Defined “Integrated settings are located in mainstream society; offer access to community activities and opportunities at times, frequencies and with persons of an individual’s choosing; afford individuals choice in their daily life activities; and, provide individuals with disabilities the opportunity to interact with non-disabled persons to the fullest extent possible. Evidence-based practices that provide scattered-site housing with supportive services are examples of integrated settings.” U.S. Department of Justice. Statement of the Department of Justice on Enforcement of the Integration Mandate of Title II of the Americans with Disabilities Act and Olmstead v. L.C.

5 Community Integration Defined “By contrast, segregated settings often have qualities of an institutional nature. Segregated settings include, but are not limited to: (1) congregate settings populated exclusively or primarily with individuals with disabilities; (2) congregate settings characterized by regimentation in daily activities, lack of privacy or autonomy, policies limiting visitors, or limits on individuals’ ability to engage freely in community activities and to manage their own activities of daily living; or (3) settings that provide for daytime activities primarily with other individuals with disabilities.”

OLMSTEAD – BARRIER OR OPPORTUNITY?

7 Competing Demands or Policy Alignment? Homeless Policy=PSH Community Integration Policy=PSH Disability Policy=PSH Medicaid and Health Policy=PSH Housing Policy=PSH Correctional Policy=PSH Policy Alignment=PSH

8 Olmstead as Leverage: Shaping Priorities Several states are in some stage of litigation or settlement agreement implementation. AZ, CT, GA, Il, DE, MO, MN, MS, NJ, NC, NY, NH, OR Olmstead litigation/settlements drive state funding decisions (i.e. who gets services) This may impact the availability of services for other populations with disabilities.

9 Olmstead settlement remedies and implementation trends Target populations Expansion of community services –ACT, Community Support Teams, Supported Employment, Peer and Family Supports, Crisis Services New and/or re-allocated resources –Cost savings for services or subsidies Expansion of integrated housing –Permanent housing, Housing First, Affordable, Set- aside units in larger housing developments, choice Medicaid opportunities –HCBS waivers, MFP, Medicaid expansion, improved authorities (1915(i))

10 Alignment of Federal Policy DOJ Definition of Integration (June 2011) HUD Olmstead Guidance, including “Olmstead Preference” (June 2013) HHS/CMS Home and Community Based Services Final Rule (January 2014) CMS Informational Bulletin on Housing- related Activities and Services (June 2015) HHS/SAMHSA Homeless Policy Academy HHS/SAMHSA Olmstead Policy Academy

11 Approaches to Olmstead and Community Integration Proactive planning and implementation Reactive planning and implementation Planning with some implementation activity Litigation/Settlement Agreements No Planning

CHOICE

13 PSH Principles People have a choice of housing options (i.e. housing type and unit) and of living arrangements (e.g., whether to live with someone and who that someone is). Housing management and service provision functions are functionally separate and not performed by the same provider/agency staff. Substance Abuse and Mental Health Services Administration. Permanent Supportive Housing Evidence-Based Practices (EBP) Kit. Rockville, MD: 2010.

14 Medicaid HCBS (1915i & 1915c) The setting is selected by the individual from among setting options including non-disability specific settings; choice of setting must be documented in person-centered service plan. Individuals must have options available for both private and shared living; provider owned or controlled housing must facilitate choice regarding roommate selection. Separation of housing and services is not required; choice regarding services including choice of provider in provider-owned housing must be addressed in person-centered service plan.

15 Olmstead Guidance People live in housing that they chose in a neighborhood in which they desire to live. They are not “placed” or “steered” to the housing by providers that may be associated with the housing unit or building. U.S. Department of Justice. Statement of the Department of Justice on Enforcement of the Integration Mandate of Title II of the Americans with Disabilities Act and Olmstead v. L.C.

16 Housing HUD Section 811 PRA (29 states) National Housing Trust Fund HUD CoC Low Income Housing Tax Credits State capital assistance programs (i.e. HTFs) Public Housing Authorities HOME Program State-funded Housing Assistance (30 states with RAP programs)

17 Social Determinant of Health Housing is essential to our overall health. U.S. Department of Housing and Urban Development. Linking Housing and Healthcare Works for Chronically Homeless Persons. Evidence Matters; Available at ml#title. Summer ml#title

EMPLOYMENT

19 Employment and Olmstead Same concept as integrated housing: people should have competitive, integrated employment opportunities. Settlement agreements are including employment remedies such as IPS Supported Employment. A RI ID/DD settlement moves away from sheltered workshops, and an Oregon ID/DD case will likely go to trial this year.

20 Closing Points Olmstead is leverage for ending chronic homelessness; Policy alignment is important; Don’t expect Medicaid to fund housing; Be at all tables. Think horizontal and vertical; Just because it’s in the community doesn’t mean it’s integrated; “Choice” may have different meanings; Beliefs and opinions regarding whether a person is ready for more independent living or what an integrated setting is may conflict with what the Courts decide;

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