SCR 86 Text

SENATE CONCURRENT RESOLUTION NO. 86
(By Senators Kessler, Caldwell, Fanning, Hunter, Jenkins, Minard, Oliverio, Ross, Rowe, Snyder, Deem, Harrison, McKenzie Smith and Weeks)
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[Originating in the Committee on the Judiciary.]
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Requesting the Joint Committee on Government and Finance study establishing a home- or community-based long-term service and support program for disabled persons.

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., 1195 U. S. S. Ct. 2176 (1999) that persons with disabilities have the right to live in the most integrated setting appropriate to each person's needs and 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 study establishing a home- or community-based long- term service and support program 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, 2005, 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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