A RESOLUTION

 

1Directing the Legislative Budget and Finance Committee to
2conduct a comprehensive review and issue a report of the
3Department of Public Welfare, Office of Developmental
4Programs' implementation of the 1999 ruling by the Supreme
5Court of the United States in Olmstead v. L.C., relating to
6the closure of State centers for people with intellectual
7disabilities and the provision of home-based and community-
8based services.

9WHEREAS, Known as the 1999 Olmstead decision, in a landmark
10interpretation of the Americans with Disabilities Act of 1990
11(Public Law 101-336, 104 Stat. 327) (ADA), the Supreme Court of 
12the United States ruled that people with disabilities have a
13right to receive care in the most integrated setting appropriate
14and that unnecessary institutionalization violates the ADA; and

15WHEREAS, All states must comply with Olmstead and are
16required to have an Olmstead Plan with measurable objectives
17demonstrating how Olmstead will be implemented; and

18WHEREAS, The Department of Public Welfare has not produced an
19Olmstead Plan for the Office of Developmental Programs
20demonstrating how the Commonwealth will move individuals with

1intellectual disabilities out of State centers; and

2WHEREAS, In fiscal year 2013-2014, 1,060 individuals with 
3intellectual disabilities were still residing in State centers;
4and

5WHEREAS, In fiscal year 2013-2014, 51,970 individuals with
6intellectual disabilities were receiving home-based and
7community-based services; and

8WHEREAS, In fiscal year 2013-2014, the Department of Public
9Welfare had allocated funds to move 100 individuals from the 
10State centers to the community; and

11WHEREAS, From January 2013 through February 2014, 18
12individuals have been moved from State centers into the
13community; and

14WHEREAS, From January 2013 through February 2014, eight
15individuals with intellectual disabilities have been admitted to
16one of the State centers; and

17WHEREAS, As of February 2014, 13,888 individuals with 
18intellectual disabilities are on the waiting list for home-based 
19and community-based services; therefore be it

20RESOLVED, That the House of Representatives request the
21Legislative Budget and Finance Committee to conduct a
22comprehensive review and issue a report on the Department of
23Public Welfare, Office of Developmental Programs' implementation
24of Olmstead as it relates to the closure of the five State
25centers for people with intellectual disabilities and the
26provision of home-based and community-based services; and be it
27further

28RESOLVED, That the report shall include the economic impact
29of the closure of the State centers, the potential for economic
30development of the five properties, opportunities for employees

1in the post-closure environment and the potential to reinvest
2post-closure financial savings in community-based supports for
3people on the waiting list for intellectual disabilities
4services; and be it further

5RESOLVED, That the committee report to the House of
6Representatives on its activities, findings and recommendations
7by June 30, 2015, and issue interim reports to the House of
8Representatives as the committee deems necessary.