HOUSE CONCURRENT RESOLUTION NO.29
(By Delegates Leach, Perdue, Susman, Wells and Hall)
Requesting the Joint Committee on Government and Finance to direct
the Legislative Oversight Commission on Health and Human
Resources Accountability (LOCHHRA) to continue the study of
the establishment of home or community based long-term support
programs and services for disabled persons in West Virginia.
Whereas, Disabilities in no way diminish a person's right to
live independently or, with support in the most integrated setting,
to enjoy self-determination and consumer-directed services, to make
choices, to contribute to society and to enjoy full inclusion and
integration in the mainstream of American society; and
Whereas, Individuals with disabilities who need long-term
services and support prefer to receive these services in home based
and community based settings rather than in institutions and
nursing homes; and
Whereas, Due to funding biases, many of these individuals are
forced to live in unnecessarily segregated institutional settings
in order to receive long-term medical service and support; and
Whereas, The United States Supreme Court has ruled in
Olmstead
v. L. C., 527 U.S. 581 (1999) that persons with disabilities have the right to live in the most integrated setting appropriate to
each person's needs and that each state must ensure that basic
civil right to citizens with disabilities; therefore, be it
Resolved by the Legislature of West Virginia:
That the Joint Committee on Government and Finance is hereby
requested to direct the Legislative Oversight Commission on Health
and Human Resources Accountability (LOCHHRA) to continue to study
the establishment of a home or community based long-term support
program or service for disabled persons; and, be it
Further Resolved, That the Joint Committee on Government and
Finance consult with the Department of Health and Human Resources
and representatives of individuals with disabilities to develop
this program, including, but not limited to, eligibility criteria,
program oversight, mechanism to ensure proper funding and program
components; and, be it
Further Resolved, That the Joint Committee on Government and
Finance report to the regular session of the Legislature, 2006, on
its findings, conclusions and recommendations, together with drafts
of any legislation necessary to effectuate its recommendations;
and, be it
Further Resolved, That the expenses necessary to conduct this
study, to prepare a report and to draft necessary legislation be
paid from legislative appropriations to the Joint Committee on
Government and Finance.
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