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BILL NUMBER: SB 1365
VETOED
DATE: 09/28/2004
To the Members of the California State Senate:
I am returning Senate Bill 1365 without my signature.
I support the authors goal to ensure that Californians are provided
comprehensive services supporting the inclusion of persons with
disabilities, regardless of age or type of disability, into community
life in lieu of unnecessary institutionalization, consistent with
the U.S. Supreme Courts Olmstead decision. I fully support the
principles underlying the Olmstead decision and am committed to
making changes in State programs and policies to ensure that persons
with disabilities ha ve appropriate access to and choices of
community based services and placement options.
I have worked to develop innovative approaches to support the ability
of people to live in their homes and communities rather than in
institutions, including securing a federal Independence Plus waiver
to ensure continued provision of in home services. My Administration
is also developing statewide assessment tools to help people move
out of institutions or remain in home. In addition, the Health and
Human Services Agency (HHSA) has convened its Long Term Care Council
to further develop the s tate plan and approach for meeting the
requirements of the Olmstead decision.
Californias Olmstead Plan, published in 2003, provides an important
roadmap for supporting the ability of state residents to live in the
most integrated setting possible. My Administration is evaluating
this plan and reviewing the best ways to meet the intent of the
Olmstead decision. In that regard, I believe that further review,
development and implementation of the Olmstead Plan must be informed
by input from a diversity of stakeholders. I do not believe that it
is necessary to est ablish such a process in statute, as proposed by
SB 1365, and consider the Olmstead Advisory Council established by SB
1365 to be duplicative of efforts already underway by HHSA to
convene an Olmstead Advisory Committee.
Given my Administrations strong commitment to the principles and
objectives of the Olmstead Plan as well as to the value of
stakeholder engagement and participation, I believe that formalizing
HHSAs establishment of an Olmstead Advisory Committee (Committee) is
appropriate. I therefore have issued Executive Order S-18-04
directing HHSA to establish a Committee to provide input to the
Agency on its efforts to evaluate, implement and monitor the Olmstead
Plan, on recommended action s to improve Californias long-term care
system, and on opportunities to fund expanded or new activities to
support individuals with disabilities in their community. My
Administration looks forward to working with the author in
identifying strong candidates to serve on this Committee.
For these reasons I am unable to sign this measure.
Sincerely,
Arnold Schwarzenegger
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Posted: 10-4-2004 |
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