Minnesota Agencies

The subcabinet will evaluate policies, programs, statutes and regulations of state agencies against the standards set forth in the Olmstead decision to determine whether any should be revised or modified or require legislative action in an effort to improve the availability of community-based services for people with disabilities. The subcabinet will seek input from consumers, families of consumers, advocacy organizations, service providers and others.

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 Executive Order 13-01 establishing a subcabinet to develop and implement a comprehensive plan supporting freedom of choice and opportunity for people with disabilities. To clarify the subcabinet's members, Governor Mark Dayton issued Executive Order 15-03 in January 2015. On March 29, 2019, Governor Tim Walz issued Executive Order 19-13, to continue the role of the subcabinet and expand its membership.

The Olmstead Subcabinet procedures allow the subcabinet to establish specialty committees that include members outside of the subcabinet. Two committees have been established by the subcabinet. More information is available on the committee/workgroup pages: Abuse and Neglect Prevention Plan Specialty Committee and Community Engagement Workgroup.

As of 2019, the subcabinet has the following members: Ombudsman for the State of Minnesota Office of the Ombudsman for Mental Health and Developmental Disabilities; Executive Director of the Minnesota Governor's Council on Developmental Disabilities; the Chair, Commissioner, or Chair's or Commissioner's designee of the following agencies: Department of Human Services, Housing Finance Agency, Department of Employment and Economic Development, Department of Transportation, Department of Corrections, Department of Health, Department of Human Rights, Department of Education, Department of Veterans Affairs, Department of Public Safety, and the Metropolitan Council.

The governor will designate one of the members of the subcabinet to serve as chair.