In December of 2011, the Department of Human Services (the Department) and the Plaintiffs in the Jensen et al v. Minnesota Department of Human Services, et al. Court File No. 09-cv-1775 entered into a settlement agreement that requires the development of a Minnesota Olmstead Plan.
Olmstead Plan gets its name from a 1999 United States Supreme Court decision. In Olmstead v. L.C., the State of Georgia was sued for unnecessarily institutionalizing people with intellectual disabilities. The court ruled that the Americans with Disabilities Act (ADA) requires states to provide services to people with disabilities in the "most integrated settings" appropriate to their needs. Writing an Olmstead Plan is the way a state documents what needs to happen - and when it will happen - to achieve this goal.
In 2012, Minnesota's Olmstead Planning Committee was formed and included individuals with disabilities, family members, providers, advocates and senior decision-makers from the Minnesota Department of Human Services. Members of the Minnesota Olmstead Planning Committee were either appointed as part of the Jensen Settlement Agreement or by mutual agreement between the Minnesota Department of Human Services and the Plaintiffs, from a diverse pool of interested persons from around the state, through a public application process. The Committee made recommendations to the Commissioner of the Department of Human Services.
In January 2013, Governor Mark Dayton issued an Executive Order establishing a Subcabinet to develop and implement a comprehensive plan supporting freedom of choice and opportunity for people with disabilities.
In January 2015, Governor Mark Dayton issued an additional Executive Order on the topic, clarifying the Subcabinet's membership.