NEBRASKA

Nebraska does not have an Olmstead task force or a state plan and does not intend to create either one of them because of the potential liability for a lawsuit. However, an evolving trend in the Medicaid program has been to serve more people with disabilities in the community. During its 2003 session the Legislature introduced some legislation that might lead to sweeping changes in the mental health system.

The Behavioral Health Reform Act, LB 724, was enacted to state the Legislature's intent to reform the psychiatric care system and to shift more funding from inpatient care to community-based care. It also eliminates the seven-day waiting period for community-based services.

A rewrite of the state's Mental Health Commitment Act (LB 710)-regarding people with severe mental illness who are forced into treatment-was introduced but not enacted. This bill will be carried over into the 2004 session for consideration.

These pieces of legislation represent the Legislature's intent to close psychiatric hospitals. As a state official said, " The governor and chairman of the Health and Human Services Committee are in agreement to close a regional center or two [out of the three state-run facilities in the state] and put the money into community-based care."