OREGON

Although Oregon has not established a formal Olmstead planning process, the state has been steadily developing community services for people with developmental disabilities (DD) since the December 2000 settlement of the Staley vs. Kitzhaber lawsuit. The suit was filed on behalf of more than 5,000 people on a waiting list for care. The settlement called for the state to increase funding for community services through 2007, with additional 4,600 people to be served during the agreement's six-year period.

Severe budget shortfalls for fiscal years 2003-2005 threatened continuation of the state's progress in meeting the Staley mandates, however, but legislative action in the spring of 2003 partially restored funds to the Department of Human Services for maintenance of the program. The department also published an 88-page guide in 2003 that ".... defines and describes the design features of the system of services for people with developmental disabilities." The department said the Staley settlement required

"... redesign of the service system, application for a new waiver, new administrative rules, development of new payment systems, and a significant infusion of funds."

In view of the budget crisis' effect on meeting goals in the Staley agreement, the parties to the case developed a modified plan that was presented to the court in October 2003. Under this proposal, the settlement agreement would remain in force until 2011 instead of 2007. A slower pace of expansion for both comprehensive and support services is contemplated, consisting of an additional 500 people each year through June 2007, when the total number of people served should reach 5,122 individuals, compared to 3,112 in June 2003. All eligible people should be receiving support services by June 2009. The court tentatively accepted the modified settlement in November 2003.

In other actions affecting people with disabilities, the FY 2003-2005 budget included funds for the first-ever labor contract with home care workers. The budget provided $25 million for the contract, which covers about 13,000 workers who help their clients with dressing, bathing, housekeeping and other daily activities.

In 2000, Oregon voters approved a referendum creating the Oregon Home Care Commission. The commission develops standards and training opportunities for home care workers, maintains a registry of such workers, and serves as employer of record for purposes of collective bargaining. Home care workers organized under the Oregon Public Employees Union in 2001.

The commission and the union ratified an agreement on August 1, 2003, that covers wages, future health coverage, future workers' compensation coverage, and leave benefits. Home care workers received a 40 cent per hour wage increase beginning on July 1, 2003. They will be eligible for health care coverage beginning April 1, 2004.

The legislature also partially restored funds in the FY 2003-2005 budget for mental health services, including community mental health treatment for severely ill children, adolescents, and adults, and to community mental health crisis services. Funding continued for nursing facilities, residential care facilities, and adult foster homes at their FY 2001-2003 legislatively approved levels.