SENATE CONCURRENT RESOLUTION NO. 36
(By Senators Prezioso, Hunter, Sharpe, Unger, Boley, Foster,
Dempsey, Jenkins and Barnes)
Requesting the Joint Committee on Government and Finance direct the
Legislative Oversight Commission on Health and Human Resources
Accountability study 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, 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 prefer to receive these services in home- 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 services; 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 study the establishment of home-
or community-based long-term support programs or services for
disabled persons in West Virginia; 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 on developing
home- and community-based long-term support programs and services
for disabled persons; 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.