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.