ADAPT WV spoke with Governor Manchin and his staff on January 5, 2005. A commitment from the governor is forthcoming.

COMMUNITY SERVICES AND SUPPORTS RESOLUTION

Commitment To Community-based Long Term Care Services and Support

WHEREAS millions of people with disabilities and older Americans currently
need or will need long term services and supports to live in the community and
this number is expected to grow at a rapid pace over the next three decades;
and

WHEREAS the current long term care system is fragmented, overly medicalized,
bureaucratic, expensive with an institutional bias that unnecessarily forces
people with disabilities and older Americans in nursing homes and other
institutions; and

WHEREAS the Supreme Court in the Olmstead vs. LC & EW decision ruled in 1999
that people have the right to services in the most integrated setting; and

WHEREAS the American public overwhelmingly supports long term care services
and supports be provided in their own home and communities; and

WHEREAS the reform of the long term care (services and supports) system must
be a cooperative partnership between the federal government, the states and
the disability/older community,

THEREFORE BE IT RESOLVED that the National Governors Association, NGA, by a
vote of the membership and the Executive Committee supports the following:

A) The current long term services and support system has an institutional
bias that must be reformed through a cooperative effort by the federal
government, the states and the disability/older community including those who
use services; and

B) The long term services and support system must include the principles that
home and community services and supports are the first priority and that
support services should be provided in the most integrated setting; and

C) No person with a disability or older American should be forced into a
nursing home or other institution because of the lack of integrated home and
community options;
and

D) People with disabilities and older Americans must have full inclusion in
the design, implementation and review of the long term services and support
system; and

BE IT FURTHER RESOLVED that the NGA supports the passage and funding of the
Medicaid Community Attendant Services and Supports Act, MiCASSA (currently
S971 - HR 2032) and legislation that include the Money Follows the Person
initiative (currently S.1394 - HR 1811); and

BE IT FURTHER RESOLVED that the NGA work with the individual states to assure
that the Supreme Court's Olmstead decision is aggressively implemented and
that the measure of this implementation be, in a year, how many people have
gotten out of nursing homes and other institutions and how many people have
been diverted from nursing homes and other institutions; and

BE IT FURTHER RESOLVED that the NGA work with the states to assure that any
1115 waivers submitted by a State should have statewide public hearings before
development and submission to HHS, and that the 1115 waiver process should not
be used to undercut current community Medicaid services and federal
protections; and

BE IT FURTHER RESOLVED that the NGA supports reform of the long term services
and support system that does not result in block granting, capitating or
otherwise reducing or eliminating funding to the states or the removal of the
current national Medicaid protections.

Passed this day ____________ February 2005