Rhode Island Olmstead Planning

WHEREAS, the State of Rhode Island is committed to ensuring that people of all ages and demographics with disabilities have access to a continuum of care with community-based services and supports to live in the least restrictive setting;

WHEREAS, the State recognizes that such services and supports advance the best interests of all Rhode Islanders by empowering independence, freedom of choice, and participation in community life for people with disabilities;

WHEREAS, Title II of the American with Disabilities Act of 1990, 42 U.S.C. §§ 12101 et seq., (ADA) requires that states and localities administer their programs, services, and activities in the most integrated setting appropriate to meet the needs of people with disabilities;

WHEREAS, in Olmstead v. L.C., 527 U.S. 581 (1999), the United States Supreme Court required states to have supports in place for people with disabilities in community settings, rather than in institutions, whenever treatment professionals determine that such placement is appropriate, the affected persons do not oppose such placement, and the state can reasonably accommodate the placement, taking into account the resources available to the state and the needs of others with disabilities;

WHEREAS, an estimated twenty-five percent of Rhode Islanders have a disability;            

WHEREAS, Rhode Island has made positive changes in recent years towards ensuring that appropriate home- and community-based services and supports are available to Rhode Islanders who have disabilities through mobile response and stabilization services for children, alternatives to facilities through community-based medical respite and mobile wound care services, Medicaid renewals outreach and engagement, and community integration supports;

WHEREAS, Rhode Island continues to prioritize efforts to improve systems for people with disabilities, including: certified community behavioral health clinics, early intervention, pre-release Medicaid coverage waivers for those who are incarcerated, housing voucher applications, long-term services and supports, and provider rate reviews; and 

WHEREAS, the State of Rhode Island—in partnership with the community—must continue to move purposefully and swiftly to develop and implement the community integration standards set forth in the Olmstead decision and the mandates of Title II of the ADA.

NOW THEREFORE, I, DANIEL J. MCKEE, by virtue of the authority vested in me as Governor of the State of Rhode Island, do hereby order as follows:

• State agencies shall continue to use resources dedicated to Olmstead planning and community engagement and implementation efforts through the funding end date of March 31, 2025;

The Executive Office of Health and Human Services (EOHHS) will gather feedback on Olmstead Plan priorities, assets, and needs by forming an advisory group (Olmstead Advisory Group) comprised of community members with lived experience.  Members of the Olmstead Advisory Group may also include, but need not be limited to, representatives of the following: 

1. Commission for Health Advocacy and Equity;
2. Consumer Advisory Council;
3. Commission for the Deaf and Hard of Hearing;
4. Governor’s Commission on Aging;
5. EOHHS Independent Advisory Council;
6. Governor’s Overdose Prevention and Intervention Task Force;
7. Governor’s Council on Behavioral Health;
8. Long-Term Care Coordinating Council;
9. Rhode Island Continuum of Care;
10. Rhode Island Developmental Disabilities Council;
11. Rhode Island Reentry Alliance; 
12. Youth Advisory Council and
13. Mental Health Association of Rhode Island.

Members of the Olmstead Advisory Group will be appointed by the Secretary of EOHHS and shall serve at the Secretary’s pleasure. All meetings shall be held in conformance with the Open Meetings Act, R.I. Gen. Laws § 42-46-1, et seq.

• In addition, to the above external input, there will be  a whole-of-government approach to Olmstead Plan development through the active involvement of lead agencies, including the Department of Behavioral Healthcare, Developmental Disabilities, and Hospitals; Department of Children, Youth, and Families; Department of Elementary and Secondary Education; Medicaid; Department of Corrections; Department of Housing; Department of Health; and the Department of Human Services (including the Offices of Healthy Aging and Veteran Services) and through participation of, as appropriate, subject-matter experts and policymakers within the following State agencies:

1. Department of Administration (including the Office of Management and Budget and HealthSource Rhode Island);
2. Department of Business Regulation (including the Office of the Health Insurance Commissioner);
3. Department of Labor and Training;
4. Department of State;
5. Executive Office of Commerce;
6. Office of the Child Advocate;
7. Office of the Mental Health Advocate; 
8. Office of the Post-Secondary Commissioner;
9. Public Transportation Authority; and
10. Public Utilities Commission.                   

All departments, offices, boards, and agencies of the State shall provide assistance and cooperation to EOHHS, including use of state facilities, which may be necessary to fulfill the purposes of this Executive Order.

1. EOHHS will produce a preliminary draft of a Rhode Island Olmstead Plan that prioritizes accessible service delivery to individual with disabilities in the least restrictive settings by February 15, 2025;
2. EOHHS will publish a final Olmstead Plan in various accessible and readable formats and in multiple languages on an Olmstead-dedicated webpage with links to additional resources;
3. EOHHS will create processes and procedures to revise and update Rhode Island’s Olmstead Plan every five-years to address changes in the law and the development of new programs and opportunities for the population affected; 
4. EOHHS will review plan performance, investment outcomes, strengths of approaches, and opportunities annually and report such findings to the Governor, the Speaker of the House, and the Senate President, within 90 days of each new State Fiscal Year; 

This Executive Order shall take effect immediately.

So Ordered:

Daniel J. McKee

Governor