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Nebraska Olmstead Plan

Olmstead in Nebraska

January 2024, Nebraska Department of Health and Human Services (DHHS) and the Division of Developmental Disabilities collaborated with the Olmstead Advisory Committee to refresh the Olmstead Plan in Nebraska. 

Read the full report here.


December 15, 2021 - In December 2019, the Nebraska Department of Health and Human Services (DHHS) submitted the state’s initial Olmstead Plan (the Plan) to the Legislature as directed by LB570.1 Nebraska’s Olmstead Plan is intended to be an evolving roadmap that ensures that the state’s laws, regulations, and future planning are consistent with the principles of the 1999 Supreme Court Olmstead decision. LB570 required DHHS to engage an independent consultant to assist with the analysis of Plan implementation. The Technical Assistance Collaborative, Inc. (TAC) was selected to:

  • Evaluate progress and determine compliance with benchmarks and timeframes in the Plan.
  • Assess the need for recommended revisions to the Plan.  
  • Discuss progress and proposed Plan revisions 1.

NOVEMBER 2019 - On November 5, 2019, the Olmstead Stakeholder Advisory Committee met to review the Nebraska Department of Health and Human Services draft of Nebraska's Olmstead Plan. In late November, Disability Rights Nebraska issued our public comment on the Nebraska Olmstead Plan draft via a letter to the Chief Executive Officer of Nebraska's Department of Health and Human Services. 


MAY 2019 - Nebraska Legislators voted to pass LB 570 which requires the state Department of Health and Human Services (DHHS) to develop an “Olmstead Plan” to insure that services are provided to Nebraskans with disabilities in the “most integrated” community-based settings.  This includes people who experience intellectual / developmental disabilities and / or mental illness. The completion date of the plan is set for December 15, 2019, and it will require the state Department of Health and Human Services to hire an independent consultant to assist with its continued analysis and revision.  The bill will also include State funding to support the process. LB 570 was signed into law by the Governor on May 17, 2019. For more information about the Olmstead Plan and our efforts to develop one in our state, read our press release on the Governor's approval of LB 570.

May 21, 2019 -- LB570 signed into law by Governor.

May 13, 2019 -- LB570 passed!

May 7, 2019 -- LB570 advanced to Final Reading.

May 2, 2019 -- AM1480 was adopted, and LB570 moved to Enrollment and Review for Engrossment. 

April 9, 2019 - LB570 was placed on Select File with ER69.

April 8, 2019 -- LB570 passed General File to Enrollment and Review.


MAY 1, 2019 - Senator Walz introduced LR 104. The resolution proposes to continue the work of the State-Licensed Care Facilities Investigative Committee of the Legislature that was created by LR 296 with regards to LifeQuest at Palmer, Assisted Living Facilities, and community integrated services in the area of behavioral health. LR 104 closely resembles LR 296, with the exception of inclusion of subpoena power for the committee.


DECEMBER 15, 2018 - Bo Botelho, Interim Chief Executive Officer of the Nebraska Department of Health and Human Services, provided the Nebraska Legislature and Governor with a report on progress toward the completion of a comprehensive Olmstead strategic plan. 

 

“It is the ethical and legal responsibility of all levels of government, throughout Nebraska, to develop and commit to an Olmstead Plan.”

- Bo Botelho, Interim CEO of Nebraska DHHS

 

The report includes Olmstead background information, progress to date, and the current state of the development of the Nebraska Olmstead Plan. Additionally, the strategic plan outlines recommendations for further direction, including the need for cooperation from all levels of the Nebraska State government, input and commitment from all parties essential to the plan's development and implementation, and jurisdiction to create oversight and accountability. For more information on progress toward the development of Nebraska's Olmstead Plan, please view the report.


AUGUST 2018 - the Planning Council on Developmental Disabilities announced it provided funding to the Nebraska Department of Health and Human Services to retain the necessary consultants from the Technical Assistance Collaborative (TAC) to assist in developing Nebraska’s Olmstead Plan. The TAC team members are highly qualified and have experience in services and housing across disabilities. This project plan has three phases:

PHASE ONE: TAC will perform a system scan and analysis to develop a general baseline of the services, housing and other factors that support the ability of people with disabilities to live in integrated community-based settings.

PHASE TWO: TAC will meet onsite with the state team, the Advisory Committee, and conducting key stakeholder interviews.

PHASE THREE: TAC will draft and finalize the Olmstead Plan.

Consultants from TAC began their work with an on-site visit to Nebraska on August 15-17, 2018.  In addition to meeting with the Olmstead Stakeholder Advisory Committee, the TAC held several listening sessions with community stakeholders. A second on-site visit was completed by TAC September 25-27, 2018.  Listening sessions were held in Omaha and Grand Island, in addition to numerous other meetings with stakeholders.  The TAC consultants conducted additional stakeholder interviews, meeting with HHS divisions and other groups in October of 2018.   
 
According to the statute, the final plan must be submitted to the legislature by December 15, 2018.  This deadline is likely to be missed and DHHS will submit a letter to the legislature outlining what has been completed thus far with a date of March 31, 2019 for completion of the Plan. If you were unable to attend a listening session and want to provide information to the TAC consultants, or have questions, please contact them at nebraskaolmstead@tacinc.org.


APRIL 2016 - Senator Kathy Campbell approached Disability Rights Nebraska with an opportunity to develop the initial language for an Olmstead Plan bill. Senior Staff Attorney Dianne DeLair and Disability Rights Nebraska’s Public Policy Team cooperated with Senator Campbell’s office to produce the final version of LB 1033.The bill became law on April 18, 2016. The law requires the Nebraska Department of Health & Human Services to “develop a comprehensive, effective working plan for placing qualified persons with disabilities in the most integrated community-based service settings…” Additionally, LB 1033 created a stakeholder advisory committee to assist in the Olmstead plan’s development.


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