Home > Advocacy in Action > Legislative Priorities 2009
The Council will advocate against the further development of segregated educational settings. The Council will support legislation that ensures equal opportunities for students with developmental disabilities to be educated in regular education classrooms, in their home school, and in other inclusive educational settings that reflect the following principles:
The Council will monitor the FY 2010 school aid funding formula for public schools and other funding for higher education services for students with developmental disabilities.
The Council will monitor the WV Department of Education's implementation of the federal No Child Left Behind Act and any State legislation pertaining to the Act for any possible adverse effects on WV children who have developmental disabilities.
It is estimated that 32,524 West Virginia citizens have a developmental disability. People with developmental disabilities are an untapped pool for those seeking employees; less than 24% of working age people with developmental disabilities are employed; less than 7% of working age people with significant developmental disabilities are employed. Competitive, Supported, and Customized Employment enable people with developmental disabilities to work, pay taxes, and contribute to society.
The Council will support legislation that ensures integrated employment for people with developmental disabilities with competitive wages, emphasizes full time and part time employment, and reflects the following principles:
Within the Department of Health and Human Resources, Bureau for Behavioral Health and Health Facilities: The Council supports the maintenance of the current funding level of $600,000 for Supported Employment.
The Council will advocate against the further development of segregated, congregate service settings. The Council will support legislation that invests adequate funding for services that support people with developmental disabilities to live in their own homes and neighborhoods, eliminates the institutional bias, ensures rebalancing of Medicaid and other public funding, and reflects the following principles:
The Council will advocate for full implementation of the WV Olmstead Plan as approved by the Governor in October 2005. This is WV's plan to carry out the Olmstead decision rendered by the US Supreme Court in June 1999. The decision mandates that people with disabilities have the right to state administered services, programs, and activities "in the most integrated settings." People with disabilities are to be given the opportunity to leave nursing homes, long term care facilities, ICFs/MR and other group homes and to be supported to live integrated lives in communities around the State.
The Council will continue to advocate for the restoration of and increases in State and Federal funding necessary to maintain or enhance critical support services that allow people with developmental disabilities to live, work, and play in the community. Of particular concern are the following programs and initiatives:
The Council will advocate for a Resolution to study concerns about the MR/DD Home and Community Based Waiver Program's Policies/implementations. The Council will further advocate that individuals and families who rely on these funding sources gain greater control over the design and delivery of the related services.
The Council supports the re-direction of Medicaid and other funding sources that give individuals with developmental disabilities authority over dollars to be used for their support.
The Council will advocate for customized and individualized supports for those who continue to wait for services.
The Council will advocate for implementation of a Money Follows the Person initiative and any legislation that supports that initiative.
The Council supports legislation that strengthens safeguards for people with developmental disabilities who do not qualify for or are being denied Medicaid MR/DD Waiver, Aged and Disabled Waiver, and other relevant publicly funded community supports. People with developmental disabilities must be protected from abuse, neglect, and preventable death, and have access to essential services and supports.
The Council would oppose any changes to the behavioral health licensures rules that would cause persons' private homes to be designated or treated like facilities. Furthermore, the Council would oppose any changes or interpretations that would cause family members who provide services to their relative who is a participant of publicly funded support services to be considered employees of service agencies for this purpose.
The Council will monitor the further development of the Medicaid Redesign plan for any possible adverse effects on WV citizens who have developmental disabilities and who rely on Medicaid funding for supports and services but who are not covered under the State's Waiver programs. The Redesign should include person-centered/self-directed options.
The Council will continue to advocate for people with developmental disabilities and their families to have access to a comprehensive health care system that provides the most appropriate, effective, quality services. The Council supports legislation that promotes a healthier environment, ensures better access to quality health care, and reflects the following principles:
The Council is concerned about the very lives of people who are generally perceived to have a lower social status, particularly those who have developmental disabilities and the elderly. Therefore, we uphold the principle of applying excellent standards of care for such people. We reject limitations of treatment policies directed at people with impairments. Further, the Council does not support any legislation that seeks to hasten death by medical professionals who would be in a position to judge the value of a person's life by invoking "quality of life" concerns.
The Council will support efforts to allow families (including families of children with developmental disabilities) to gain access to health insurance coverage through a buy-in to SCHIP.
The Council supports an interim study on a ceiling of benefits for those currently enrolled in the SCHIP. There is concern that some children who have disabilities or serious illnesses are reaching the maximum amount of benefits and are no longer eligible for SCHIP or any other health care benefits.
The Council supports the expanded implementation of the uniform health care screening tool to all children beyond kindergarten age.
The Council would support legislation intended to allow people with developmental disabilities who need ventilator assisted breathing to be able to receive such services in their homes and communities.
The Council supports improvements to the WV Medication Administration by Unlicensed Personnel Act and the associated Rules so that people with developmental disabilities can receive the supports they need to keep them safe and healthy while increasing flexibility in the self-administration/direction of medications.
