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

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


 1       
 2        WHEREAS, a recent United States Supreme Court decision in
 3   Olmstead v. L.C., 119 S. Ct. 2176(1999), provides an important
 4   legal framework to enable individuals with disabilities to live
 5   in the most integrated setting appropriate to their needs; and
 6   
 7        WHEREAS, the Olmstead case was brought by two Georgia
 8   women whose disabilities include mental retardation and mental
 9   illness, and who lived in State-run institutions, despite the
10   fact that their treatment professional had determined that they
11   could be appropriately served in a community setting; and
12   
13        WHEREAS, the plaintiffs asserted that their continued
14   institutionalization was a violation of their right under the
15   Americans with Disabilities Act of 1990 (ADA); and
16   
17        WHEREAS, many people with physical and sensory
18   disabilities throughout history have historically been
19   institutionalized by state agencies throughout the country in
20   ways similar to the plaintiffs in the Olmstead case, and these
21   people are equally protected by the ADA and by the United
22   States Supreme Court's findings; and
23   
24        WHEREAS, the United States Supreme Court recognized that
25   unjustified institutional isolation of persons with
26   disabilities is a form of discrimination that reflects two
27   evident judgments:
28   
29        (1)  Institutional placement of persons who can handle and
30             benefit from community settings perpetuates
31             unwarranted assumptions that persons isolated in
32             institutions are incapable or unworthy of
33             participating in community life; and
34   

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

 
 
 
 
 
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 1   of 2000, the Senate concurring, that the Governor develop and
 2   implement a comprehensive statewide plan to address the needs
 3   of individuals with disabilities that provides for placement
 4   into less restrictive settings and waitlists that move at a
 5   reasonable pace; and
 6   
 7        BE IT FURTHER RESOLVED that in developing the plan, the
 8   following organizations should be integral participants in the
 9   development and follow-up:  the Disability and Communication
10   Access Board, State Planning Council on Developmental
11   Disabilities, Department of Health, Department of Human
12   Services, Housing and Community Development Corporation of
13   Hawaii, other State departments as appropriate, University of
14   Hawaii Center on Disability Studies, Hawaii Disability Rights
15   Center, disability rights advocates and service providers such
16   as the Hawaii Centers for Independence Living, the Statewide
17   Independent Living Council, The Arc in Hawaii, Mental Health
18   Association of Hawaii, Disability Rights Hawaii, Mental Help
19   Hawaii, and individuals with disabilities, parents, family
20   members, or guardians of individuals with disabilities, and
21   other private and public agencies providing services to persons
22   with disabilities; and
23   
24        BE FURTHER RESOLVED that certified copies of this
25   Concurrent Resolution be transmitted to the Governor and each
26   organization named in the preceding paragraph.