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THE SENATE                           S.C.R. NO.            S.D. 1
TWENTIETH LEGISLATURE, 2000                                
STATE OF HAWAII                                            
                                                             
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                    SENATE  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        WHEREAS, a recent United States Supreme Court decision in
 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
 7   women whose disabilities include mental retardation and mental
 8   illness, and who lived in State-run institutions, despite the
 9   fact that their treatment professional had determined that they
10   could be appropriately served in a community setting; and
11   
12        WHEREAS, the plaintiffs asserted that their continued
13   institutionalization was a violation of their right under the
14   Americans with Disabilities Act of 1990 (ADA); and
15   
16        WHEREAS, many people with physical and sensory
17   disabilities throughout history have historically been
18   institutionalized by state agencies throughout the country in
19   ways similar to the plaintiffs in the Olmstead case, and these
20   people are equally protected by the ADA and by the United
21   States Supreme Court's findings; and
22   
23        WHEREAS, the United States Supreme Court recognized that
24   unjustified institutional isolation of persons with
25   disabilities is a form of discrimination that reflects two
26   evident judgments:
27   
28        (1)  Institutional placement of persons who can handle and
29             benefit from community settings perpetuates
30             unwarranted assumptions that persons isolated in
31             institutions are incapable or unworthy of
32             participating in community life; and
33   
34        (2)  Confinement in an institution severely diminishes the

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

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