SENATE CONCURRENT RESOLUTION NO. 88

(By Senators Prezioso, Unger, Bailey, Edgell, Foster, Hunter, Jenkins, McCabe, Sharpe, Barnes, Boley, Caruth, Guills and Weeks)


[Originating in the Committee on Health and Human Resources]


Requesting the Joint Committee on Government and Finance direct the Legislative Oversight Commission on Health and Human Resources Accountability study the feasibility of allowing administrative transfer of payments to eligible individuals to transition from institutional settings to community-based services.

Whereas, As many as 2,000 West Virginians with disabilities currently live in nursing homes and have a desire to live in the community; and
Whereas, Nursing homes 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 concept of "money following the person" is 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 the feasibility of allowing administrative transfer of payments to eligible individuals to transition from institutional settings to community- based services; 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 concept of "money following the person" to develop policies to illustrate how the program can be rebalanced to increase the use of home- and community-based support services and enhance alternatives to institutional settings that consider the quality of life and preference of eligible individuals; and, be it
Further Resolved, That the Legislative Oversight Commission on Health and Human Resources Accountability shall strive, 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, to develop strategies to eliminate barriers or mechanisms that prevent or restrict, whether in state law or the state Medicaid plan, the state to enable eligible individuals to receive support for appropriate and necessary long-term services in the setting of their choice; 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 transitioning to a community-based system and the impact on the system as a whole; 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, 2007, 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.