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Introduced Version House Concurrent Resolution 90 History

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HCR90 intr
HOUSE CONCURRENT RESOLUTION NO. 90

(By Delegates Perdue, Hatfield, Lawrence, Manypenny, Moye, Perry, D. Poling, Rodighiero, Staggers, Andes, Lane, C. Miller, J. Miller, Rowan and Moore)

[Originating in the Committee on Health and Human Resources; Reported April 8, 2009.]


Requesting the Committee on Government and Finance to conduct a study on funding and improvement of community-based services and supports for individuals with disabilities.

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HEREAS , West Virginia seniors accounts for 69% of the population, the highest in the nation; and
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HEREAS , West Virginia also has the highest rate of disability in the nation at 23%; and
WHEREAS, 48% of senior citizens report having some type of disability; and
WHEREAS, West Virginia is in a critical position to respond to the growing elderly and disabled population in a timely manner to prevent a crisis in availability of services and to establish an efficient, high quality system; and
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HEREAS , There is a national movement to balance the long-term care system so that citizens have a choice in whether they live their lives in community-based programs or institutional programs; and
WHEREAS, An efficient and effective long-term care redistribution system supports four goals of long-term care: (1) Increasing the use of home and community-based services, rather than institutional care; (2) Eliminating barriers or mechanisms that prevent or restrict the flexible use of Medicaid funds to enable Medicaid-eligible people to receive needed supports in the most integrated setting; (3) Increasing the ability of the state's Medicaid program to assure continued home and community-based supports for people moving from an institutional setting or preventing institutionalization, and; (4) Ensuring that procedures are in place to provide quality assurance to participants and to provide for continuous quality improvement in services; and
WHEREAS, "Community-based services and supports" means services and supports designed to assist the consumer in accomplishing activities of daily living and health-related tasks in order to live in the most integrated setting; and
WHEREAS, It is of great importance that the array of services meets the needs of the citizens and have a degree of flexibility that is critical to meeting individual needs and desires; and
WHEREAS, The Olmstead decision requires a state to administer services, program and activities in the most integrated setting appropriate to the needs of the individual. The Olmstead Plan in West Virginia approved by executive order has some key elements that include: Informed choice, elimination of institutional bias, self direction which supports individuals making their own decisions rather than having decisions imposed on them by funding mechanisms or the delivery system, and quality; and
WHEREAS, West Virginia has made substantial efforts to improve long-term care systems and has created new programs in recent years to fill the gaps - - Yet there continues to be inconsistencies throughout the state in terms of availability of services, a lack of flexibility to create programs around the recipients needs and a lack of a seamless system of care; and
WHEREAS, The Legislature shall collaborate with Bureau of Senior Services, the Department of Health and Human Resources, the Olmstead Advisory Council, the American Association of Retired Persons, the Health Care Association, the Alzheimer's Association, the West Virginia Directors of Senior and Community Centers, the West Virginia Developmental Disabilities Council, the Fair Shake Network, the West Virginia Statewide Independent Living Council, the West Virginia Assisted Living Association and other entities to develop recommendations to improve community-based long-term services in order to permit older citizens and disabled citizens the ability to enjoy their lives in health, honor and dignity; therefore be it
Resolved by the Legislature of West Virginia:
That the Joint Committee on Government and Finance is hereby requested to study funding sources and opportunities for community-based services and supports for individuals with disabilities and those who are aging and improving community-based long-term services; and, be it
Further Resolved,
That the Joint Committee on Government and Finance report to the regular session of the Legislature, 2010, 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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