HOUSE CONCURRENT RESOLUTION NO. 76

(By Mr. Speaker, Mr. Kiss, and Delegates Fleischauer, Amores, Anderson, Ashley, Azinger, Beach, Beane, Blair, Boggs, Border, Brown, Browning, Butcher, Calvert, Campbell, Cann, Canterbury, Caputo, Carmichael, Caruth, DeLong, Doyle, Duke, Ellem, Ennis, Evans, Faircloth, Ferrell, Foster, Fragale, Frich, Hall, Hamilton, Hartman, Hatfield, Houston, Howard, Hrutkay, Iaquinta, Kominar, Kuhn, Leach, Long, Louisos, Mahan, Manchin, Manuel, Martin, Mezzatesta, Michael, Morgan, Overington, Palumbo, Paxton, Perdue, Perry, Pethtel, Pino, Poling, Proudfoot, Renner, Romine, Schadler, Schoen, Shaver, Shelton, Smirl, Sobonya, Spencer, Stalnaker, Staton, Stemple, Sumner, Susman, Swartzmiller, Tabb, Talbott, R. Thompson, R. M. Thompson, Trump, Tucker, Varner, Wakim, Warner, Webb, Webster, H. White, Williams, Wright, Yeager and Yost)


[Introduced March 3, 2003; referred to the

Committee on Rules.]


Requesting the Joint Committee on Government and Finance to conduct a study on Medicaid Aged and Disabled Waivers, looking into circumstances in which they are granted, potential savings that could occur from avoiding nursing home stays and benefits to citizens from continuing to live as independently as possible as well as the efforts of other states to allow the money to follow the person and the outcomes of such programs.

W HEREAS , The number of aged and disabled persons continues to increase, the Aged and Disabled Waiver slots are designed to offer individuals an alternative to nursing home placement, the West Virginia Department of Health and Human Resources announced a freeze on Aged and Disabled Waiver slots beginning on January 1, 2003, and the freeze on the Aged and Disabled Waiver slots may jeopardize the receipt of benefits in a manner in which a citizen wishes; and
W HEREAS , According to a Report to the Senate Appropriations Committee on Health and Human Services, the House Appropriations Subcommittee on Health and Human Services and the Fiscal Research Division on Medicaid Cost Containment and Growth Reduction by the Division of Medical Assistance of the Department of Health and Human Resources, the Division of Medical Assistance (DMA) does not want to force people to enter nursing facilities when they do not prefer nursing facilities and the report also stated that if every person who applied for but was denied Community Alternative Program (CAP) services, which allow aged and disabled medicaid recipients to stay at home when eligible, entered a nursing facility, it would be more costly than the CAP option; and
W HEREAS , Other states have adopted legislation requiring that federal money slotted for individuals to reside in nursing homes to follow the person after leaving a nursing home to utilize the CAP services so that they might live independently as long as possible; and
W HEREAS , The Legislature should explore the possibilities of increasing the number of Aged and Disabled Waiver slots when individuals meet the criteria for the waiver, and of allowing the money to follow the person for citizens of the State of West Virginia; therefore, be it
Resolved by the Legislature of West Virginia:
That the Joint Committee on Government and Finance is hereby requested to study the circumstances in which medicaid waivers are granted, potential savings to the State and the individual by avoiding nursing home stays and the benefits of allowing the money to follow the person; and, be it
Further Resolved, That the Joint Committee on Government and Finance is requested to study the efforts that other states have made to enable citizens to live as independently as possible, including legislation allowing the money to follow the 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.