EXECUTIVE ORDER S-10-08


            WHEREAS unnecessary institutional placement of individuals with disabilities adversely affects the everyday life activities, family relations, social contacts, work options, economic independence, and cultural enrichment of those institutionalized persons; and

            WHEREAS the state has a responsibility to protect against the unnecessary institutionalization of individuals with disabilities; and

            WHEREAS the opportunity to direct one's own affairs, live independently, and attain economic self-sufficiency is an essential component of developing self-worth and personal responsibility; and

            WHEREAS direction has been provided to states under the Americans with Disabilities Act and the United States Supreme Court's decision in Olmstead v. L.C.; and

            WHEREAS community-based care and services can be more cost effective than institutional care, and result in a higher quality of life that promotes the values of community participation, inclusiveness, and respect for diversity; and

            WHEREAS the active involvement of people with disabilities and their representatives in the development and implementation of activities designed to move people into, or allow them to remain in, community-based settings is critical to insuring effective strategies; and

            WHEREAS California has a demonstrated record of success in providing services that support the full integration of persons with disabilities in community life through such programs as In-Home Supportive Services, Medi-Cal, community mental health, and the comprehensive array of services defined under the Lanterman Act; and

            WHEREAS it is possible to build upon California's previous success to improve procedures and implement new tools that will enable more people to fully access their communities.

            NOW, THEREFORE, I, ARNOLD SCHWARZENEGGER, Governor of the State of California, by virtue of the power vested in me by the Constitution and Statutes of the State of California, do hereby issue this order effective immediately:

            1.  The state affirms its commitment to provide services to people with disabilities in the most integrated setting, and to adopt and adhere to policies and practices that make it possible for persons with disabilities to remain in their communities and avoid unnecessary institutionalization.

            2.  The California Health and Human Services Agency (HHSA) shall do all of the following:

            A.  Assess the state's ability to reasonably accommodate new and improved efforts to prevent unnecessary institutionalization of individuals with disabilities and to facilitate or expand community-based services and supports.

            B.  Continue to evaluate the May 2003, California Olmstead Plan and make revisions as necessary to insure that it will result in positive action toward the objectives of providing services to people with disabilities in the most integrated setting possible, and enabling persons with disabilities to remain in their communities and avoid unnecessary institutionalization.

            C.  Identify additional strategies to identify Californians who could be served successfully in non-institutional settings and the barriers to these individuals moving at a reasonable pace from, or avoiding admittance to, institutional long-term care facilities.

            D.  Research funding opportunities to support expanded or new activities to support individuals with disabilities in their communities.

            E.  Develop recommendations for changes in state policies that will remove programmatic and fiscal incentives for institutional placement and increase opportunities to utilize community-based services.

            F.  Develop recommendations for changes in federal policies that will remove programmatic and fiscal incentives for institutional placement and explore options for expanding or modifying the state Medicaid plan or Medicaid waivers.

            3.  In order to inform the Administration's understanding of the current system and future opportunities and insure the involvement of persons with disabilities and other system stakeholders, the Secretary of HHSA, at his or her discretion, is authorized to form an advisory group to provide input to the HHSA on its efforts to evaluate, revise, implement, and monitor the Olmstead Plan, on recommended actions to improve California's long-term care system, and on opportunities to fund expanded or new activities to support individuals with disabilities in their community.  The Secretary should take into account the diversity of California's citizenry with respect to culture, language, geography, and disability in formulating the membership of his or her advisory group.

            4.  All state agencies and departments are hereby directed to cooperate with and assist the HHSA in carrying out its duties under this Executive Order.

            5.  This Executive Order supersedes Executive Order S-18-04, dated September 27, 2004.

            I FURTHER DIRECT that as soon as hereafter possible, this order be filed in the Office of the Secretary of State and that widespread publicity and notice be given to this order.

            This order is not intended to, and does not create any right or benefits, substantive or procedural, enforceable at law or in equity, against the State of California, its departments, agencies, or other entities, its officers or employees, or any other person.