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2010 Fair Shake Network Legislative Agenda 2010
Disability Agenda
FAIR SHAKE NETWORK
On January 20, 2010 the Fair Shake Network released its 2010 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:
Full Implementation of the WV Olmstead Plan
The Fair Shake Network (FSN) 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.
FSN supports the 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, i.e.: Medicaid, waiver services, etc., must be provided in the most integrated setting appropriate to the needs of the person being served. Full implementation of the Plan includes the following policy changes:
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 rebalancing concepts and self-directed community-based services allowable through the Center for Medicaid and, Medicare Service;
• Elimination of waiting lists for home and community-based waiver programs;
• Replace ICF/MR facilities with MR/DD Waiver Program services;
• Fund services to people with traumatic brain injuries through a Medicaid waiver program;
• Implement flexible delegation and exemption models of medication administration in community-based service settings and;
• Ensure people relying on ventilator care can receive the supports they need in their community.
Independent Living
FSN is adamantly opposed to the budget cuts made by the Governor in the FY 2010 and the FY 2011 in the Division of Rehabilitation line item of the State Budget. These cuts will drastically decrease the number of people who are served by the Independent Living Centers Statewide. 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. FSN will advocate for those funds to be restored.
Eliminate Out of State Placements
The Fair Shake Network will advocate for the resources to prevent out of state placement of individuals with disabilities. West Virginia currently does not have adequate services to prevent individuals who otherwise could live at home from moving into nursing homes or other treatment facilities out of state. Full implementation of West Virginia’s Olmstead Plan would provide resources at home that would assist individuals with disabilities to live in their own homes in their own communities instead of an institution setting outside of the state.
Rebalancing the System
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;
• 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.
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. Such program that have been cut for FY 2011 State Budget include Supported Employment, Ron Yost Personal Assistant Program, and Independent Living Services, just to name a few.
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. 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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