HOUSE CONCURRENT RESOLUTION NO. 45
(By Delegates Fleischauer, Amores, Anderson, Armstead, Ashley,
Azinger, Beach, Beane, Blair, Boggs, Border, Brown, Browning,
Butcher, Calvert, Campbell, Cann, Canterbury, Caputo, Carmichael,
Craig, Crosier, DeLong, Doyle, Duke, Ellem, Ennis, Evans,
Ferrell, Foster, Fragale, Frederick, Hamilton, Hartman, Hatfield,
Howard, Hrutkay, Iaquinta, Kominar, Kuhn, Long, Louisos, Mahan,
Manchin, Manuel, Martin, Mezzatesta, Morgan, Overington, Palumbo,
Paxton, Perdue, Perry, Pethtel, Pino, Poling, Renner, Schadler,
Schoen, Shaver, Shelton, Smirl, Sobonya, Spencer, Stalnaker,
Staton, Stemple, Susman, Swartzmiller, Tabb, Talbott, R.
Thompson, Tucker, Walters, Warner, Webb, Webster, G. White,
Williams, Wright and Yost)
Requesting the Joint Committee on Government and Finance, in
partnership with the Legislative Oversight Committee on Health
and Human Resources Accountability, to conduct a study of the
Aged and Disabled Waiver program administered by the Bureau of
Senior Services under contract with the Bureau for Medical
Services, looking into the manner in which the program is
operated, potential cost savings that could occur by avoiding
or reducing nursing home placements, and the potential
benefits to citizens with disabilities and those with long-
term care needs by providing increased access home and
community based services and supports to enable them to remain
in the community and live as independently as possible.
Whereas, The decision of the United States Supreme Court in
Olmstead vs. L.C. requires that states serve persons with
disabilities in the most integrated settings appropriate to their
needs; and
Whereas, Executive Order 13217 signed by President George W.
Bush makes certain federal assistance available to assist states in
implementing the Olmstead decision. Federal assistance available
to states includes the Money Follows the Person Rebalancing
Initiative available through the Centers for Medicare and Medicaid
Services allowing moneys currently spent for nursing home services
to be redirected towards less costly home and community based
services. The Aged and Disabled Waiver program represents a
significant and considerable resource available to enable West
Virginians with disabilities and those with long-term care needs to
live in their communities; and
Whereas, According to the 2000 census West Virginia has the
highest median age in the nation (38.9) and the highest percentage
of persons with disabilities per capita in the nation (22.7%). The
number of persons needing and eligible for home and community based
services under the Aged and Disabled Waiver program has increased
steadily in recent years and is expected to continue to further
increase with the aging of the baby boom generation. West Virginia
is, as are other states, currently experiencing a critical shortage
of direct support workers and this shortage is projected to
increase due to changing demographics. This and the limited
availability of service providers results in individuals being
unable to receive services for which they have been determined
eligible; and
Whereas, West Virginia has a large and growing waiting list of
individuals determined to be medically eligible for services of the
Aged and Disabled Waiver and the Bureau for Medical Services has
taken steps to reduce this waiting list for services through
redetermination of eligibility by West Virginia Medical Institute
utilizing the Independent Preadmission Screening (PAS 2000). This
process of redetermination of eligibility for services has the
potential to adversely affect some persons with significant
long-term care needs by finding them ineligible for the services of
the Aged and Disabled Waiver program; and
Whereas, West Virginia has a proud history of collaboration
between and among state agencies, consumers, providers and
advocates; therefore, be it
Resolved by the Legislature of West Virginia:
That the Joint Committee on Government and Finance is directed
to conduct a study of the projected growth in eligibility for, and
cost of, home and community-based services available through the
Aged and Disabled Waiver Program; conduct a study of the human and
economic impact of the direct support workforce crisis on the
access, availability and quality of services provided through the
Aged and Disabled Waiver Program; conduct a study of the human and
economic impact of the waiting list for services of the Aged and
Disabled Waiver Program; conduct a study of the human and economic
impact of the Independent Preadmissions Screening (Pas 2000) being conducted by West Virginia Medical Institute; conduct a study of
the feasibility and potential cost savings associated with
implementing a Money Follows the Person Rebalancing Initiative;
conduct a study of the efforts made by other states to enable
citizens to live as independently as possible, including
legislation allowing the money to follow one person; and, be it
Further Resolved, That the Joint Committee on Government and
Finance report to the regular session of the Legislature, 2004, 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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