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Fair Shake Network 2009 Legislative Agenda On March 4,2009 the Fair Shake Network released its 2009 Legislative Agenda. Questions on comments about the Agenda can be addressed to the FSN. (see contact page)
2009 Fair Shake Network Legislative Agenda
Living and Working in the Community
The Fair Shake Network supports legislation, funding, and revisions to policies and practices to make widespread changes to the long-term care support systems to reduce West Virginia’s reliance on institutional care. These changes must be accompanied by the development and expansion of community-based long-term care options, enabling people with disabilities to fully participate in their communities. Medicaid policies in West Virginia continue to promote the institutional bias by spending more funds on nursing homes and other institutional settings over community-based service and supports. Policy changes should include:
• Elimination of barriers or mechanisms (whether in state law, the Medicaid State Plan, the State budget, or otherwise) that prevent or restrict the flexible use of Medicaid funds to enable eligible individuals to receive support for appropriate and necessary long- term care services in the settings of their choice;
• Implementation of money follows the person and rebalancing concepts and self-directed community-based services allowable through the Deficit Reduction Act passed by Congress in 2005; and
• Full implementation of the WV Olmstead Plan signed by Governor Manchin in October 2005. The WV Olmstead Plan addresses the State’s obligations under Title II of the Americans with Disabilities Act (ADA) as supported by the U.S. Supreme Court’s decision in Olmstead v. L.C. & E.W. In that decision the Supreme Court ruled that services provided by the state, ie: Medicaid, waiver services, etc., must be provided in the most integrated setting appropriate to the needs of the person being served.
The Fair Shake Network will advocate for the following to facilitate the implementation of the WV Olmstead Plan;
Money Follows the Person
Currently, a disproportionate amount of Medicaid spending is used to provide services in nursing homes and other institutional settings. These same services could be provided in the homes and communities of individuals at a lower cost and in a way that respects the choice and dignity of each individual. The Fair Shake Network is asking the WV Legislature to establish legislation and/or policy changes which allow money to follow the individual into the setting of their choice by incorporating the following to end the institutional bias which exists in West Virginia:
• Allow funding currently supporting individuals in nursing homes or other institutional settings to “follow the person” into community-based services and supports;
• Revenue neutral – use the funding from current services to follow the person and fund the community-based services;
• Require DHHR to engage in the development of policies and procedures which support the successful return of individuals to their communities; and
• Require DHHR to report regularly to LOCHHRA concerning the progress of policy changes to eliminate the institutional bias and the status of those eligible individuals who choose to move to community-based settings.
Independent Living
The Fair Shake Network, in collaboration with the WV Division of Rehabilitation Services (WVDRS) and other disability organizations, supports the improvement package for an increase of $500,000 for independent living services submitted by the WVDRS.
Independent Living services are critical to ensure West Virginians with disabilities have access to the resources and supports they need to live self-determined, independent lives in their own homes and communities.
Ron Yost Personal Assistance Services (RYPAS)
The Fair Shake Network, in collaboration with the WV Division of Rehabilitation Services (WVDRS) and other disability organizations, support the improvement package for an increase of $700,000 for the RYPAS Program submitted by the WVDRS.
Funding for Traumatic Brain Injury Waiver
Currently, West Virginia does not have funding or services/supports specifically for individuals who have experienced a traumatic brain injury and want to remain in their communities. Often individuals receive no services/supports or some individuals under the age of 18 are sent out of state to receive services/support only to be sent back to WV after age 18 to a system that does not offer them the continued support/services they need. The Fair Shake Network is asking the WV Legislature to establish legislation, funding, and/or policy changes which would create a traumatic brain injury waiver to address these problems.
Closure of ICF/MR Group Homes
The Fair Shake Network supports the closure of segregated ICF/MR group homes with those resources following the individuals to support them to live and work in their own homes and communities.
Other
The Fair Shake Network will monitor all legislation introduced that may affect the disability community. The Network will take positions and actions to protect services/supports and the civil rights of people with disabilities.
The Fair Shake Network is adamantly opposed to budget cuts that will adversely affect the lives of people with disabilities by further reducing the limited services and supports they now receive. Budget cuts and program revisions have reached a point where the vital mission of programs that serve people with disabilities is being dramatically affected. Programs affecting people with disabilities should be protected from budget cuts and the Fair Shake Network urges the Legislature and the Executive Branch to invest in people with disabilities and their invaluable contributions to West Virginia.
Please join the Fair Shake Network in supporting the 2009 Disability Agenda.
The Fair Shake Network is an association of West Virginians dedicated to a “fair shake” for people with disabilities and to the belief that diversity makes our communities stronger.
The Fair Shake Network has a vision that people with disabilities have an equal opportunity to fully participate in their community and realize their dreams.
The mission of the Fair Shake Network is to educate policymakers and the public about the concerns of people with disabilities to ensure an effective voice in the development of public policy.
The Fair Shake Network receives funding through grants from the West Virginia Developmental Disabilities Council, other grants, and through dues and contributions.
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