Joint hearing proposed to review state Olmstead Plan

The Health and Human Services Committee considered a bill Feb. 18 that would require an annual joint legislative hearing to review the progress of community integration for individuals with disabilities in Nebraska.

LB737, introduced by Bellevue Sen. Victor Rountree, would require the Legislature’s Health and Human Services and Urban Affairs committees to conduct a joint hearing to review progress on the state Olmstead Plan. The plan is mandated by a 1999 U.S. Supreme Court decision and requires states to ensure that people with disabilities are integrated into their communities.

Under the bill, the joint hearing would assess plan progress from the previous calendar year in the areas of housing, employment, education, community support and transportation and recommend legislative solutions.

The committees would be required to meet annually on or before Oct. 1 and submit an annual report of findings to the Clerk of the Legislature no later than Dec. 31 of each year.

Rountree said each committee would bring a unique perspective on issues regarding accessibility, affordability and infrastructure development.

“We do our best work when we communicate and collaborate,” Rountree said. “By collaborating and being intentional in our approach, we can deliver results for those in need in our state.”

Dianne DeLair of Disability Rights Nebraska testified in support of LB737. Olmstead plans are a mechanism to provide states time to implement systemic changes required under the Olmstead decision, she said, and can be used as a defense against alleged violations of the Americans with Disabilities Act.

“These plans are how states will implement changes to the system so that people with disabilities have access to the services and support they need in the community rather than having to be confined to an institution or a facility,” DeLair said.

Kathy Hoell, co-chair of the Nebraska Olmstead Advisory Committee, also testified in support of the measure. She said updates regarding Nebraska’s Olmstead Plan currently are provided every three years, which makes it difficult to make substantive changes or identify areas of integration that need additional support.

“Without good data … we don’t know what needs fixing,” Hoell said. “By passing LB737, the Legislature will have an annual review and be able to decide if legislation is needed to make this happen.”

Proponent Joni Thomas, also a member of the advisory committee, provided recommendations to ensure the measure serves as a “powerful tool of accountability” rather than a “procedural exercise.” She said establishing clear benchmarks and centering the experiences of individuals with disabilities is critical to ensuring Nebraska moves beyond compliance and toward true community integration.

“Without measurable outcomes and transparent data, there is a risk that agencies control the narrative instead of demonstrating real progress toward Olmstead compliance,” Thomas said. “LB737 has the potential to create real accountability with strong reporting, clear definitions and disability led participation.”

No one testified in opposition and the committee took no immediate action on the bill.