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HOUSE OF REPRESENTATIVES             H.C.R. NO.            H.D. 1
TWENTIETH LEGISLATURE, 2000                                
STATE OF HAWAII                                            
                                                                
___________________________________________________________________
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                     HOUSE CONCURRENT
                        RESOLUTION

REQUESTING THE GOVERNOR TO DEVELOP AND IMPLEMENT A STATEWIDE,
   COMPREHENSIVE, AND EFFECTIVE WORKING PLAN FOR PLACING
   QUALIFIED PERSONS WITH DISABILITIES IN THE MOST INTEGRATED
   SETTINGS POSSIBLE AND TO KEEP WAITING LISTS THAT MOVE AT A
   REASONABLE PACE.



 1       WHEREAS, a recent United States Supreme Court decision,
 2   Olmstead v. L.C., 119 S. Ct. 2176 (1999), provides an important
 3   legal framework to enable individuals with disabilities to live
 4   in the most integrated setting appropriate to their needs; and
 5   
 6       WHEREAS, the Olmstead case was brought by two Georgia women
 7   whose disabilities include mental retardation and mental
 8   illness; and
 9   
10       WHEREAS, at the time the suit was filed, both plaintiffs
11   lived in state-run institutions, despite the fact that their
12   treatment professionals had determined that they could be
13   appropriately served in a community setting; and
14   
15       WHEREAS, the plaintiffs asserted that continued
16   institutionalization was a violation of their right under the
17   Americans with Disabilities Act of 1990 (ADA); and
18   
19       WHEREAS, many people with physical and sensory disabilities
20   have historically been institutionalized by state agencies
21   throughout the country in ways similar to the plaintiffs in the
22   Olmstead case, and these people are equally protected by the
23   ADA and Olmstead; and
24   
25       WHEREAS, the U.S. Supreme Court recognized that unjustified
26   institutional isolation of persons with disabilities is a form
27   of discrimination; and
28   
29       WHEREAS, institutional placement of persons who can handle
30   and benefit from community settings perpetuates unwarranted
31   assumptions that persons so isolated are incapable or unworthy
32   of participating in community life; and

 
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                                  H.C.R. NO.            H.D. 1
                                                        
                                                        

 
 1       WHEREAS, confinement in an institution severely diminishes
 2   the everyday life activities of individuals, including family
 3   relations, social contacts, work options, economic
 4   independence, educational advancement, and cultural enrichment;
 5   and 
 6   
 7       WHEREAS, Olmstead challenges states to prevent and correct
 8   inappropriate institutionalization and to review the intake and
 9   admissions processes to assure that persons with disabilities
10   are served in the most appropriate integrated setting; and
11   
12       WHEREAS, the U.S. Supreme Court suggests that a state could
13   establish compliance with Title II of the ADA if it
14   demonstrates that it has "a comprehensive, effectively working
15   plan for placing qualified persons with disabilities in less
16   restrictive settings, and a waiting list that moves at a
17   reasonable pace not controlled by the State's endeavors to keep
18   its institutions fully populated"; and
19   
20       WHEREAS, in a letter addressed to all state Medicaid
21   Directors, the U.S. Department of Health & Human Services
22   suggests that Medicaid assist states in meeting these goals and
23   complying with the ADA; and
24   
25       WHEREAS, in Hawaii, people with disabilities are faced with
26   various waiting lists for services and supports necessary to
27   live in the community; and
28   
29       WHEREAS, the Home and Community-Based Services Waiver
30   Program for people with mental retardation and developmental
31   disabilities admits that there are over 850 people currently
32   wait-listed for waiver services; and
33   
34       WHEREAS, the Nursing Home Without Walls Medicaid Waiver
35   Program for people with personal care needs admits having
36   extended waiting periods ranging from a few months to over two
37   years at certain times; now, therefore,
38   
39       BE IT RESOLVED by the House of Representatives of the
40   Twentieth Legislature of the State of Hawaii, Regular Session
41   of 2000, the Senate concurring, that the Governor is requested
42   to develop and implement a comprehensive plan to address the
43   needs of individuals with disabilities to include placement
44   into less restrictive settings and wait-lists that move at a
45   reasonable pace; and

 
 
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                                  H.C.R. NO.            H.D. 1
                                                        
                                                        

 
 1       BE IT FURTHER RESOLVED that the Governor, in developing the
 2   plan, solicit input from individuals with disabilities,
 3   parents, family members or guardians of individuals with
 4   disabilities, private and public agencies, the Disability and
 5   Communication Access Board, the State Planning Council on
 6   Developmental Disabilities, the Housing and Community
 7   Development Corporation of Hawaii, other state departments as
 8   appropriate, the University of Hawaii Center on Disability
 9   Studies, the Hawaii Disability Rights Center, disability rights
10   advocates and service providers such as the Hawaii Centers for
11   Independent Living, the Statewide Independent Living Council,
12   the Arc in Hawaii, the Mental Health Association in Hawaii,
13   Disability Rights Hawaii, and Mental Help Hawaii; and
14   
15       BE IT FURTHER RESOLVED that certified copies of this
16   Concurrent Resolution be transmitted to the Governor, the
17   President of the Senate, the Speaker of the House of
18   Representatives, the Directors of Health, Human Services, and
19   Business, Economic Development, and Tourism.