Policy alerts, briefs, letters & papers

This issue brief summarizes a follow-up study conducted with the executive staff of state boards of nursing (BON). The goal of the study was to explore the executive staff members’ understanding of consumer-direction trends and the extent to which their own policies support the desires of consumers to direct their own care tasks, that some may consider “nursing care”.

This paper lays the groundwork for understanding the implications of the historic U.S. Supreme Court Decision in the case of Olmstead vs. L.C., which has far-reaching consequences for persons with disabilities. The paper reviews the critical components influencing the case. Also, the paper describes the federal and state responses to the ruling and concludes with a brief discussion of some legal issues that will be debated in the courts.

In this report, the National Conference of State Legislatures (NCSL) traces the budget issues that states confronted in 2002 and examines how they addressed those issues. The report also describes long-term care legislation enacted in 2002 and long-term care planning work that is under way in many states.

What exactly does “empowerment” mean and how do we translate that into practical action? This brief paper describes some possible ways to measure empowerment.

Workers are affected by chronic conditions in two critical ways — by their own conditions and by the need to care for family members with chronic conditions. Better health technology and disease management programs, as well as flexible work policies, are helping many people affected by chronic conditions function in the workplace. Changes in the workplace need not be expensive, and policies and programs that address the needs of workers are beneficial to employees and employers alike.

This CMS letter highlights the ways that states can include public input in the 1115 waiver, Home and Community-Based Service Waiver, and managed care waiver process. Some examples are provided including public forums and legislative hearings.

This paper analyzes and answers the critical question: Does the Americans with Disabilities Act (ADA) apply to commercial and other private sector Web sites, and if so, what does it require. Much discussion of this question seems to be conducted without careful attention to the case law and other authorities that have already built-up around this question.

This Kaiser Daily Health Policy Report of September 9, 2003, describes South Carolina's pilot program that allows Medicaid beneficiaries to receive coverage for at-home care.

In June ‘03, Maine Gov. Baldacci signed into law the Dirigo Health Reform Act. A major premise behind the law is that successful health care reform must address cost, quality, & access simultaneously & with equal vigor. Named for Maine's motto: To Lead-the program is designed to guarantee health coverage by ‘09 to those who cannot afford insurance. The ME Governor’s Office of Health Policy & Finance (GOHPF) has partnered with NASHP to develop issue briefs keeping states abreast of the reform.

Complete ruling from the 10th Circuit Court for the Olmstead Case. On June 22, 1999, the United States Supreme Court held in Olmstead vs. L.C. that the unnecessary segregation of individuals with disabilities in institutions may constitute discrimination based on disability. The court ruled that the Americans with Disabilities Act may require states to provide community-based services rather than institutional placements for individuals with disabilities.