Resolution Supporting Choices for Americans with Disabilities Exposed

The Resolution Supporting Choices for Americans with Disabilities was adopted by ALEC's Health and Human Services Task Force and approved by the ALEC Board of Directors on October 13, 2011. A nearly indentical version of this bill is available on ALEC.org, language removed from the original draft is indicated with strikethrough text and additions are given in bold. (Accessed June 10, 2016).

ALEC Bill Text

SUMMARY

This resolution urges states to close state operated facilities and move persons with intellectual and developmental disabilities (ID/DD) to home and community based waiver services (HCBS).

MODEL RESOLUTION

WHEREAS, 32,909 Americans with intellectual and developmental disabilities (ID/DD) lived in 162 large, state operated facilities—with 16 beds or more—in 42 states as of June 30, 2009; and

WHEREAS, Persons with ID/DD have a fundamental right to be given choice in services that provide respect and dignity; and

WHEREAS, Persons with ID/DD have the right to live in the least restrictive environment consistent with the Olmstead v. L.C. and E.W. Decision (98-536) 527 U.S. 581 (1999); and

WHEREAS, Individuals with ID/DD living in integrated community settings are afforded an improved quality of life and a higher level of personal independence; and

WHEREAS, It is cost effective to move persons with ID/DD from large, state operated facilities to home and community based services (HCBS); and

WHEREAS, Average costs in 2009 totaled $196,735 per person/per year in state operated facilities, versus $43,969 per person/per year in HCBS waiver settings, a 77.7% cost savings; and

WHEREAS, The federal government provides funding to assist in moving persons with ID/DD from state operated facilities to HCBS; and

WHEREAS, 10 states, plus the District of Columbia, have already closed their large state operated facilities for Americans with ID/DD.

THEREFORE BE IT RESOLVED THAT, {Insert state legislature} takes action to close all remaining transition or right-size state operated facilities for Americans with ID/DD as appropriate, to assure care in the least restrictive environment; and

BE IT FURTHER RESOLVED THAT, Copies of this resolution be distributed to the governor, officials in {insert name of state HHS agency}, and members of {insert state}’s Congressional delegation.