06-R
312
2006 -- H 8115
Enacted 05/31/06
H O U S E R E S O L U T I O N
CREATING A SPECIAL
HOUSE COMMISSION TO STUDY AND ESTABLISH AN OLMSTEAD DECISION TASK FORCE IN THE
STATE OF RHODE ISLAND
Introduced By:
Representatives Naughton, Slater, San Bento, McNamara, and Ginaitt
Date Introduced: May 17,
2006
WHEREAS,
In June 1999, the Supreme Court rendered a decision that created an
additional
impetus for planning related to community-based services in a case that has
come to be
known
as the Olmstead vs. L.C. decision. The ruling required states to provide
community-based
services
for people with disabilities in facilities when:
The
state's treatment professionals have determined that community placement is
appropriate;
The
transfer from care to a less restrictive setting is not opposed by the affected
individual;
and
The
placement can be reasonably accommodated, taking into account the resources
available
to the state and the needs of others; and
WHEREAS,
As part of the Olmstead ruling, the Supreme Court provided an example of
how
a state could show that it had met the standard for "reasonable
accommodation" by
demonstrating
that it had:
"A
comprehensive, effectively working plan," for placing people with
disabilities in less
restrictive
settings; and
"A
waiting list that moved at a reasonable pace," not controlled by the
state's attempts to
keep
its facilities full; and
WHEREAS,
In order to assure that a variety of community-based living arrangements
and
supports are available, certain services and supports need to be developed.
These seven areas
are:
Education
and Outreach: to assure that individuals and their families have adequate and
necessary
information to make informed choices;
Identification
of individuals: to identify individuals in facilities or at-risk of entering
facilities
in order to assist them in considering appropriate alternatives;
Assessment
and planning: to identify the abilities, preferences, and needs of individuals
and
assist them in locating appropriate supports and services;
Service
coordination: to offer assistance in arranging and coordinating services for
those
who
are unable to manage arrangements on their own;
Matching
services to individual needs: to develop and refine a delivery system in which
eligible
consumers can choose from an array of services and supports tailored to their
needs and
preferences;
Housing:
to enhance the availability, affordability and accessibility of housing to
enable
individuals
to live in the community; and
System
monitor and evaluation: to ensure that the system of services and supports
continually
evolving and responding efficiently and effectively to consumers; now,
therefore be it
RESOLVED,
That a special house commission be and the same is hereby created
consisting
of fifteen (15) members: three (3) of whom shall be members of the House of
Representatives,
to be appointed by the Speaker; one of whom shall be the Rhode Island Parent
Information
Network Executive Director, or designee; one of whom shall be the Governor's
Commission
on Disabilities Chairperson, or designee; one of whom shall be the Ocean State
Center
of Independent Living Executive Director, or designee; one of whom shall be the
PARI
Independent
Living Center Executive Director, or designee; one of whom shall be the CHOICES
Executive
Director, or designee; one of whom shall be the Easter Seals of RI President,
or
designee;
one of whom shall be the AARP President, or designee; one of whom shall be the
Gray
Panthers
Rhode Island State Coordinator, or designee; one of whom shall be the Silver
Haired
Legislature
Speaker, or designee; one of whom shall be the Rhodes to Independence Director,
or
designee;
one of whom shall be the Secretary of the Rhode Island Executive Office of
Health and
Human
Services, or designee; and one of whom shall be a member of the public, to be
appointed
by
the Speaker.
In
lieu of any appointment of a member of the legislature to a permanent advisory
commission,
a legislative study commission, or any commission created by a general assembly
resolution,
the appointing authority may appoint a member of the general public to serve in
lieu
of
a legislator; provided, that the Majority Leader or the Minority Leader of the
political party
which
is entitled to the appointment consent to the appointment of the member of the
general
public.
The
purpose of said commission shall be to develop recommendations which will
assure
that
Rhode Island residents with long-term support needs have access to accessible,
person-
centered
services and community options that maximize consumer choice, direction, and
dignity.
All
organizations represented are to have independence and self-sufficiency as a
guiding principle
or
mission. Said commission shall study all aspects of Olmstead vs. L.C. in order
to:
Provide
the needed information, services and service coordination to allow informed
consumer
choice of available options;
Honor
the preferences of elders and persons with disabilities to remain in the
community
whenever
possible;
Improve
the balance of spending between community-based and facility-based care so
that
expanded options for community living can be made available;
Assist
individuals in transitioning from facilities to the community;
Improve
access to and quality of health care for people with disabilities;
Ensure
that services are accessible to all people including individuals from
culturally and
linguistically
diverse populations;
Evaluate
service and program efficacy using systematic data collection and analysis; and
Modify
the culture of facilities to reflect community life, options and values more
fully.
Forthwith
upon passage of this resolution, the members of the commission shall meet at
the
call of the Speaker of the House and organize and shall select, from among the
legislators, a
chairperson.
Vacancies in said commission shall be filled in like manner as the original
appointment.
The
membership of said commission shall receive no compensation for their services.
All
departments and agencies of the state shall furnish such advice and
information,
documentary
and otherwise, to said commission and its agents as is deemed necessary or
desirable
by the commission to facilitate the purposes of this resolution.
The
Speaker of the House is hereby authorized and directed to provide suitable
quarters
for
said commission; and be it further
RESOLVED,
That the commission shall report its findings and recommendations to the
House
of Representatives on or before June 28, 2007 and said commission shall expire
June 28,
2008.
=======
LC03251
=======