HOUSE CONCURRENT RESOLUTION NO. 58
(By Delegates Perdue, Amores, Anderson, Andes, Argento, Ashley,
Azinger, Barker, Beach, Blair, Boggs, Border, Browning, Burdiss,
Campbell, Cann, Canterbury, Caputo, Carmichael, Crosier, DeLong,
Doyle, Duke, Eldridge, Ellem, Ellis, Ennis, Evans, Fleischauer,
Fragale, Frederick, Guthrie, Hamilton, Hartman, Hatfield,
Hrutkay, Hutchins, Iaquinta, Ireland, Kessler, Klempa, Kominar,
Long, Longstreth, Mahan, Manchin, Marshall, Martin, Miley, C.
Miller, J. Miller, Moore, Morgan, Moye, Palumbo, Paxton, Perdue,
Perry, Pino, D. Poling, M. Poling, Porter, Proudfoot, Reynolds,
Rodighiero, Romine, Rowan, Schadler, Schoen, Shaver, Shook,
Sobonya, Spencer, Staggers, Stemple, Stephens, Sumner,
Swartzmiller, Tabb, Talbott, Tucker, Varner, Webster, Wells,
Williams, Wysong and Yost)
Requesting the Joint Committee on Government and Finance direct the
Legislative Oversight Commission on Health and Human Resources
Accountability study rebalancing the long-term care system and
make recommendations regarding policy changes necessary to
implement rebalancing to ensure compliance with the Olmstead
Decision.
Whereas, As many as 2,000 West Virginians with disabilities currently live in nursing homes or other institutional settings and
have a desire to live in the community; and
Whereas, Institutional settings may not be the most efficient
way to provide care and support; and
Whereas, Society would benefit if all citizens could, as much
as possible, live independently; and
Whereas, The concepts of "rebalancing" and "money follow the
person" are part of a national movement designed to lessen the
reliance of states on institutional provider models in fiscal
preference to models of community support; and
Whereas, West Virginia has a history of deinstitutionalization
and has demonstrated that "money following the person" is a viable
and efficacious method of providing support through the closure of
the Colin Anderson Center and the movement of those residents to
the community; 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 to study rebalancing the
long-term care system and make recommendations regarding policy
changes necessary to implement rebalancing to ensure compliance
with the Olmstead Decision; and, be it
Further Resolved, That the Legislative Oversight Commission on
Health and Human Resources Accountability consult with representatives of the Department of Health and Human Resources,
advocates of community-based support, the Statewide Independent
Living Council, the Olmstead Advisory Council, the Developmental
Disabilities Council and other interested groups or individuals in
studying the concepts of "rebalancing" and "money follows the
person" to develop policies to illustrate how the lone-term care
system can be rebalanced to develop and increase the use of home-
and community-based support services and enhance alternatives to
institutional settings that consider the dignity and preference of
eligible individuals; and, be it
Further Resolved, That the Legislative Oversight Commission on
Health and Human Resources Accountability shall, in conjunction
with the Department of Health and Human Resources, advocates of
community-based support, the Statewide Independent Living Council,
the Olmstead Advisory Council, the Developmental Disabilities
Council and other interested groups or individuals:
(1) Study current components of the long-term care system;
(2) Gather information and make recommendations to build upon
those components of the system involving home and community-based
services that are working well;
(3) Identify barriers to rebalancing the system to shift
resources from institutional care to home and community-based care;
(4) Identify policy changes, changes to state code, and
changes to the Medicaid State Plan necessary to implement rebalancing; and
(5) Identify policy changes, changes to state code, and
changes to the Medicaid State Plan necessary to provide consumer
choice and access to the most integrated setting to ensure
compliance with the Olmstead Decision; and, be it
Further Resolved, In its work on this issue, the Legislative
Oversight Commission on Health and Human Resources Accountability
shall remain mindful of federal fiscal limitations, financial and
personal needs, preferences and quality of life of those persons
being served in the long-term care system; and, be it
Further Resolved, That the Legislative Oversight Commission on
Health and Human Resources Accountability report to the Joint
Committee on Government and Finance on or before the thirty-first
day of January, 2008, 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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