SILC 2006 Legislative Priorities

The Mission of the SILC is to ensure persons who have disabilities have access to community-based resources that promote personal choice and facilitate the achievement of their independent living goals.

The West Virginia Statewide Independent Living Council (SILC) supports the following issues that are vital to the health, well-being, and quality of life of the over 400,000 West Virginians with disabilities.

Legislative Priorities

Increase Funding for Independent Living Services

Independent Living Services are provided by four centers for independent living (CILs) with funding through a line item in the Division of Rehabilitation Services budget. CILs serve 20 counties with full services and an additional seven with limited services. This leaves 28 counties, and nearly half of the West Virginians with disabilities without any access whatsoever to independent living services. In the served counties, there are approximately 400 individuals on a waiting list for services. The SILC is supporting the improvement package submitted by the Division of Rehabilitation Services for a $500,000 increase to the independent living services line item to address the waiting list and to expand services into unserved areas as funding allows.

Establish Disability History Week

The SILC supports the efforts of the delegates to the 2005 Youth Disability Caucus to establish Disability History Week in West Virginia. Their bill establishes the third week of October as "Disability History Week" to increase knowledge, awareness, and understanding of the history of disability, disability rights, and the contributions of people with disabilities in the state, nation, and world. The bill requires instruction in public schools, provides for assistance from the Centers for Independent Living, Developmental Disabilities Council, and the SILC, and encourages activities at colleges and universities.

Money Follows the Person

The SILC supports legislation that will allow funding to follow individuals with disabilities from institutional services to community-based services and supports. Such legislation will assist the State in complying with Title II of the Americans with Disabilities Act, as upheld by the Olmstead Decision of the U.S. Supreme Court. Additionally, restructuring the system to allow the movement of funding from institutional, segregated settings to community-based services and supports in the "most integrated setting" is cost effective because it reduces or eliminates the need for new funding.

Oppose Medically Ineffective Treatment Legislation

The SILC opposes any legislation that limits or overrides the right of a patient and/or their family members to choose to have cardiopulmonary resuscitation. This bill, as proposed, would allow an attending physician to override a living will, advance directive, and/or medical power of attorney if his/her opinion is that cardiopulmonary resuscitation would be ineffective. Many individuals with severe disabilities are pressured to sign a "do not resuscitate" order any time they enter a hospital. This is discrimination. The SILC upholds the principle of applying excellent standards of care for everyone - regardless of their age, disability, or socioeconomic status.

Funding for Disability Programs

The SILC recognizes the on-going budget concerns in the State however, the budget should not be balanced by compromising the independence of citizens with disabilities and reducing the State's ability to comply with Title II of the Americans with Disabilities Act as upheld the Olmstead Decision of the U.S. Supreme Court. The following programs should be protected from budget cuts and/or increased:

Ron Yost Personal Assistance Services

2007 funding for the Ron Yost Personal Assistance Services (RYPAS) program should be maintained at $340,000 or increased. Funding at this level will ensure current recipients of the program have adequate services to remain in their own homes rather than moving into nursing home care. As recipients leave the program due to death or a change in their living situation, individuals from the waiting list are moved onto the program.

Employment Attendant Care Funding

The Division of Rehabilitation Services operates the Employment Attendant Care Program which is similar to the RYPAS program but is only for individuals with severe disabilities who are employed but need attendant care services to keep their jobs and continue to be productive, tax contributing members of the work force. 2007 funding for the Employment Attendant Care Program should be maintained at $179,000 or increased.

Funding to Implement the Olmstead Plan

The SILC supports funding to support the Olmstead Coordinator and the implementation of the West Virginia Olmstead Plan. The plan has been endorsed by Governor Manchin and is critical to the State's compliance with Title II of the Americans with Disabilities Act, as upheld in the Olmstead decision by the U.S. Supreme Court, which requires that services to people with disabilities be delivered in the most integrated setting appropriate to their needs.

Aged and Disabled Waiver Funding

Adequate funding must be provided for the Aged and Disabled Waiver program to provide services to individuals at risk of nursing home placement. Waiver services provide support services that allow an individual who is elderly or has a physical disability to remain in their own home rather than being placed in a nursing home at more than double the cost. As of November 16, 2005 there were 189 individuals on the waiting list for these services and that list continues to grow. The minimum wait time is six months and for individuals at risk the wait may result in nursing home placement.

MR/DD Waiver Funding

Adequate funding must be provided for the MR/DD Waiver program to provide services to individuals with developmental disabilities which allow them to remain in their own homes, with or without family. The Waiver program provides services to improve and/or increase skills and supports that make it possible for individuals to live and work in the community.

Monitor legislation and/or issues that may affect the lives of West Virginians with disabilities.

Under the State Plan for Independent Living, the West Virginia Statewide Independent Living Council (SILC) will monitor state and federal legislation that may impact people with disabilities, act on matters needing immediate attention, and coordinate its advocacy efforts with other groups, agencies, and associations. On December 7-8, 2005, many groups working on disability related issues presented their legislative priorities to the Statewide Independent Living Council and the State Rehabilitation Council during a joint meeting. The issues presented were discussed and considered and the SILC priorities were established.

Under Title VII of the Rehabilitation Act of 1973 as amended, funds may be used "to conduct studies and analyses, gather information, develop model policies and procedures, and present information, approaches, strategies, findings, conclusions, and recommendations to Federal, State, and local policymakers in order to enhance independent living services for individuals with disabilities".

West Virginia Statewide Independent Living Council
Ann Meadows, Executive Director
PO Box 625, Barron Drive, C-Building
Institute, WV 25112-0625
304-766-4624 (voice/TDD)
fax: 304-766-4721
www.wvsilc.org
ann.meadows@wvsilc.org

Updated: January 30, 2006