NORTH DAKOTA

The Governor's Commission on the Olmstead Decision was created in August 2001. The commission's mission is to evaluate the state's service system in relation to the Olmstead decision and to recommend action that ensures compliance with the Olmstead decision. The commission includes legislators, executive branch officials, consumer representatives, advocacy groups and public representatives.

In addition, an internal work group was created within the North Dakota Department of Human Services to review the effects of the Olmstead decision on services and to make recommendations on further action. This group consists of representatives from the Division of Aging Services, Children and Family Services, Disability Services and Mental Health and Substance Abuse Services, as well as Medical Services, the Developmental Center (serves DD populations), the State Hospital, eight regional human service centers and the Department's Legal Advisory Unit. The work group developed a white paper to guide its activity.

In seeking input on Olmstead issues, North Dakota officials held four interactive video network (IVN) meetings to reach major communities throughout the state. Over 200 North Dakota residents attended those meetings, and many more listened to the conversation. The purpose of the meetings was to:

1. Clarify the content and nature of the Olmstead decision for consumers, providers and others;
2. Update attendees about the current status of institutional and community-based services for various populations within North Dakota; and
3. Solicit input from state residents regarding areas they feel need attention.

Following the meetings, the white paper was drafted.

The commission initiated the Real Choice Systems Change grant application with support from a group of DHS staff and consumer advocacy agencies. Upon receipt of the grant in 2002, the commission hired a coordinator and initiated a review of state studies relevant to the mission of the Olmstead Commission. An important element of the Systems Change grant was an RFP to elicit proposals from communities and organizations for pilot projects on new and creative service provision. The Olmstead Commission reviewed the applications from organizations.

In the fall of 2003, subcontracts were awarded to several agencies that had submitted whose proposals that were a good fit with the needs of North Dakota's consumer population. Among the issues considered in the community subcontracts were support for the mentally ill, initiatives for the Native American population, and simplified telephone access systems.

The 2003 legislature enacted Senate Bill 2330 to allow for any aged or disabled individual who is eligible for home and community-based living to choose, from among all service options available, the type of service that best meets that individual's needs. To the extent permitted by any applicable waiver, the individual's medical assistance funds must follow the individual for whichever service option the individual selects, not to exceed the cost of the service.