07-R215

2007 -- H 5145 SUBSTITUTE A

Enacted 05/01/07

H O U S E R E S O L U T I O N

CREATING A SPECIAL LEGISLATIVE COMMISSION TO STUDY AND ESTABLISH AN OLMSTEAD DECISION TASK FORCE IN THE STATE OF RHODE ISLAND

Introduced By: Representatives Naughton, Moffitt, Serpa, and Melo

Date Introduced: January 23, 2007

WHEREAS, In June of 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 decision; and

WHEREAS, 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 individuals, 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:

1. Education and Outreach: to assure that individuals and their families have adequate

and necessary information to make informed choices; and

2. Identification of Individuals: to identify individuals in facilities or at risk of entering

facilities in order to assist them in considering appropriate alternatives; and

3. Assessment and Planning: to identify the abilities, preferences, and needs of

individuals and assist them in locating appropriate supports and services; and

4. Service Coordination to offer assistance in arranging and coordinating services for

those who are unable to manage arrangements on their own; and

5. Matching Services to Individual Needs: to develop and refine a delivery system which

eligible consumers can choose from an array of services and supports tailored to their needs and

preferences; and

6. Housing: to enhance the availability, affordability, and accessibility of housing to

enable individuals to live in the community; and

7. System Monitoring and Evaluation: to ensure that the system of services and supports

is continually evolving and responding efficiently and effectively to consumers; now, therefore be

RESOLVED, That a special legislative commission be and the same is hereby created

consisting of twenty-one (21) members: three (3) of whom shall be members of the House of

Representatives, not more than two (2) from the same political party, to be appointed by the

Speaker of the House; one of whom shall be the Rhode Island Parent Information Network

Chairperson, or designee; one of whom shall be the Chairperson of the Governor’s Commission

on Disabilities, or designee; one of whom shall be the Chairperson of the Ocean State Center of

Independent Living Chairperson, or designee; one of whom shall be the Chairperson of PARI, or

designee; one of whom shall be the Chairperson of the Senior Agenda Coalition, or designee; one

of whom shall be the Chairperson of the Long Term Care Co-Coordinating Council, or designee;

one of whom shall be the Chairperson of the AARP, or designee; one of whom shall be the

Chairperson of the Gray Panthers, or designee; one of whom shall be the President of the Silver

Haired Legislature, or designee; one of whom shall be the Chairperson of the RI Development

Disabilities Council, or designee; one of whom shall be the Director of the Disability Law Center,

or designee; one of whom shall be the Secretary of the Executive Office of Health and Human

Services, or designee; one of whom shall be the Chairperson of the RI Housing and Mortgage

Authority, or designee; one of whom shall be the Mental Health Advocate or designee; one of

whom shall be a provider of a community-based service, to be appointed by the Speaker of the

House of Representatives; one of whom shall be the CEO of Bradley Hospital, or designee; one

of whom shall be the RIPTA chairperson, or designee; and one of whom shall be the director of

the Paul V. Sherlock Center, or designee.

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 member of the general public.

The purpose of said commission shall be to study all aspects of Olmstead v. L.C. in order

to:

Provide the needed information, services, and service coordination to allow informed

consumer choice of available options; and

Honor the preferences of elders and persons with disabilities to remain in the

community wherever possible; and

Improve the balance of spending between community-based and facility-based care

so that expanded options for community living can be made available; and

Assist individuals in transitioning from facilities to the community; and

Improve access to and quality of health care for people with disabilities; and

Ensure that services are accessible to all people including individuals from culturally

and linguistically diverse populations; and

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 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 no later than June 28, 2007 and said commission shall expire on June

28, 2008.

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LC00690/SUB A/2

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