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.

     

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LC03251

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