"The Virtual Center for Independent Living for West Virginia""The Virtual Center for Independent Living for West Virginia"Home > Advocacy in Action > Northern West Virginia Center for Independent Living Legislative Priorities for 2008
An institutional bias currently exists that forces individuals with long term care needs to receive services in nursing homes and other institutional settings.
According to the Center for Medicare and Medicaid Services (CMS), there are approximately 1,913 individuals living in nursing homes in West Virginia who would like to return home. Currently, a disproportionate amount of our Medicaid spending is used to provide services in nursing homes/facilities. 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.
We call on the Governor and WV Legislature to support legislation which would create a flexible long term care system that allows money to follow the person, ending the institutional bias.
We call on the legislature to amend Article 4a, chapter 9,of the code of West Virginia. This regulation is discriminatory to any West Virginia citizen who requires the use of a ventilator to breathe. The Bureau of Medical Services has no tracking mechanism for these individuals. Once they are forced out of state due this policy, they no longer receive WV Medicaid and are simply forgotten, torn away from their friends and family. This policy violates The Americans with Disabilities Act (ADA) Title II which states that every individual should be evaluated on a case by case basis. The legislature must amend this policy to assure that there is a continuum of care which allows for both community and facility options for these citizens.
Notes: Delegate Fleischauer from Monongalia County introduced a study resolution last year that did not get passed. NWVCIL has already began working with Delegate Fleishauer on getting this reintroduced and hope that all disability advocates will work to see that this passes.
We call on the WV Legislature to support the development of a funding mechanism for a long term care option for West Virginian's with Traumatic Brain Injury.
We call on the WV legislature to support the "Ride in 55" initiative which would shift existing transportation funding to allow for accessible affordable transportation of our State.
Note: This initiative is out of the WV Public Transportation Association and began about 2 years, at about the same time DHHR was removing non-medical transports out of their funding, TRIP tickets, TANIF monies. The WV Public Transportation Association told DHHR that if they gave just the money previously used to fund these programs to them, they would ensure accessible services in all 55 counties. To date, nothing has happened on this initiative. There are several parties interested in participating in a campaign with DHHR and the Governor's office to see how this "promise of accessible transportation" can move forward with the funds from DHHR.
We call on the WV Legislature to provide stronger oversight of the Bureau for Medical Services so that each and every WV Medicaid recipient has a clear and complete understanding of their Medicaid options and due process rights.
Note: There is an ad hoc group of individuals representing, DAWG, Legal Aid, WV for Affordable Health Care-Perry Bryant, Renate Pore from Healthy Children, Sam Hickman from NASW and others working on this issue. Even though the current redesign will probably not effect people with disabilities in the near future, there is not enough information being provided to those who are affected to allow them to make competent decisions on which system they are picking. This is the "personal responsibility" component that participants must agree to, i.e., to not smoke, to not over use ER's, to not miss doctor's appointments, etc. If you agree to all these things, a lot of which are not reasonable for anyone to agree to, you are given enhanced services. These enhanced services include psychiatric services. If you don't opt in, you are considered opting out and you get limited services. Eighty-five (85%) percent of eligible participants are now in the "opt out" option, making it appear that these enhanced services are not needed. The "responsibilities" one is expected to meet are often the problems individuals with mental illness or cognitive disabilities may have as a result of their disability that would benefit from the "enhanced services" you get if you "opt in", but aren't able to make the informed choice or even know there is a choice.
We call on the WV Legislature to move forward on legislation to ensure that the Medical Services Fund Advisory Council conforms with Federal statue regarding consumer participation and fair notice. There are not the required number of individuals with disabilities on this board, nor are they meeting the requirement of fair notice of the meetings so general public may attend.
www.mtstcil.org
