During our meeting which included representives from the Norther West Virginia Center for Independant Living, Moutain State Center for Independant Living and The Fair Shake Network, DHHR and the ADA coordinator Barb Judy refused to make any real commitments siting the Benjamin H. case. Our counsel does not agree that these issues have any bearing on the case. We will continue to fight!
Issues Regarding "Intergrating Settings"
(September 2, 1999)
1. We feel it is necessary for the Governor to convene an emergency session of the legislature to increase Medicaid funding so that 500 new slots can be added to each waiver. (October 99)
2. Create a committee to address the "Most Integrated Setting" mandate established by the Olmstead decision and directive by Sally Richardson, Director of Department of Health and Human Services, dated July 29, 1998. This committe would assist the Department in developing its' Community Intergration Plan to include:
a. Assurances that all individuals applying
for services receive information on ALL HOME AND COMMUNITY
SERVICE
OPTIONS, rights and respponsibilities.
b. Consumer sign off forms that document
consumers have recieved this information and in the format of their best
understanding.
3. Arrange a face to face meeting with the Governor within 10 days, as previously requested.
4. We are requesting that the Governor institute the Consumer Waiver Panel, as promised by DHHR on July 17, 1998. This panel is to review on a bimonthly basis all Medicaid waiver policies and procedures to ensure consumer directedness.
5. Medicaid officials arrange regional trainings to make participants aware of their right to fair hearing and their rights as waiver participants.
6. Waiting lists must move at a "reasonab pace", reasonable pace must be recognized as no longer than 90 days.
7. Identification of all individuals who want to move out of nursing homes and other institutions by contracting with an outside advocacy group throughout the state to:
a. develop information on home and community
options,
b. identify barriers to successful community
based living,
c. work with DHHR and other entities to develop
strategic plan to address identified barriers,
d. go in to nursing home and other institutions
to inform people of their home and community service options.
8. Develop timelines for getting people out and expanding service capacity by increasing waivers, personal care options and other programs waivers.
9. With direction from condumers, DHHR should shift 25% of money allotted for new group homes and segregated settings in to supported living and community living arrangements.
Free Our People!!!