NEWS
LEGISLATIVE

2008
Legislative Priorities

The Mission of the SILC is:

“To ensure persons who have disabilities have access to community-based resources that promote personal choice and facilitate the achievement of their independent living goals.”

The West Virginia Statewide Independent Living Council (SILC) is pleased to support the following issues that are vital to the health, well-being, and quality of life of the over 400,000 West Virginians with disabilities. 

Under the State Plan for Independent Living, the West Virginia Statewide Independent Living Council (SILC) will “monitor state and federal legislation that may impact people with disabilities, act on matters needing immediate attention, and coordinate its advocacy efforts with other groups, agencies, and associations” . On December 5-6, 2007, many groups working on disability related issues presented their legislative priorities to the Statewide Independent Living Council and the State Rehabilitation Council during a joint meeting. The issues presented were discussed and considered and the following SILC priorities were established. 

Increased Funding for Independent Living Services

Independent Living Services are provided by four centers for independent living (CILs). CILs serve 20 counties with full services through federal grants and an additional 7 counties with limited services through expansion grants. The CILs serve all West Virginia counties through the Community Living Services Program (CLSP) with additional federal funding and with state funding through a line item in the Division of Rehabilitation Services budget. The CLSP provides home modifications, adaptive equipment, and assistive technology to enable individuals with disabilities to return to or remain in their own homes and to achieve their greatest level of independence. The CLSP currently has a waiting list of approximately 400 individuals, the wait is now at least two years, and 12 people died waiting for services in 2007. The SILC supports the improvement package submitted by the Division of Rehabilitation Services for a continuing increase to bring the independent living services line item to at least $500,000 to address the waiting list and to expand other services into underserved areas as funding allows.

Implementation of the West Virginia Olmstead Plan

The SILC supports legislation, funding, and revisions to policies and practices to make widespread changes to the long-term care support systems to reduce West Virginia 's reliance on institutional care and ensure full implementation of the West Virginia State Olmstead Plan as endorsed and signed by Governor Manchin . These changes must be accompanied by the development and expansion of community-based long-term care options, enabling people with disabilities to fully participate in their communities. In order to fully implement the Olmstead Plan, the SILC supports the following:

• The improvement package submitted by the Division of Rehabilitation Services (DRS) of a $450,000 one-time request for Community-Based Services Development , in a separate line item. This funding will allow DRS to expand the availability of community-based services in integrated settings, to collaborate and partner with community rehabilitation programs and other community providers, and to expand the availability of assessments, job development, employment readiness training, supported employment, job coaching, job placement, and other services.
  
• The improvement package submitted by the Division of Rehabilitation Services for a $200,000 continuing increase, at minimum, to the funding for the Ron Yost Personal Assistance Services (RYPAS) Program. Funding should be increased to a level that will ensure current recipients of the program and those on the waiting list have adequate services to remain in their own homes rather than moving into nursing home care. Currently, there are 32 individuals on the waiting list.
  
• Legislation and/or policy changes that will facilitate the implementation of Money Follows the Person , allowing funding to follow individuals with disabilities from institutional services to community-based services and supports. Such legislation/ changes will assist the State in complying with Title II of the Americans with Disabilities Act, as upheld by the Olmstead Decision of the U.S. Supreme Court. Additionally, restructuring the system to allow the movement of funding from institutional, segregated settings to community-based services and supports in the “most integrated setting” is cost effective because it reduces or eliminates the need for new funding.
  
• Adoption and implementation of the concepts and ideals of Self-Determination giving individuals with disabilities more control over the services and supports they receive.
  
• Increases for home and community-based services adequate to meet the need. Such services include the Aged and Disabled Waiver and the MR/DD Waiver (which currently has a waiting list)
  
• Elimination of barriers or mechanisms (whether in state law, the Medicaid State Plan, the State budget, or otherwise) that prevent or restrict the flexible use of Medicaid funds to implement Rebalancing and enable eligible individuals to receive support for appropriate and necessary long-term care services in the settings of their choice.
  
• Legislation and/or policy changes to eliminate Out of State Placement of people using Ventilators to allow such individuals to remain in their own homes and their own state.
  
• Enhancement of Aged and Disabled Waiver Services to support individuals in their own homes in a manner equitable to the amount of support received in nursing homes and other institutional settings.

The SILC will monitor any other legislation and/or issues that may affect the lives of West Virginians with disabilities; will support legislation that promotes independent living and the implementation of the Olmstead Plan; oppose legislation that reduces compliance with Olmstead or otherwise reduces the independence of individuals with disabilities; and o ppose any budget cuts that would harm or reduce programs and services for West Virginians with disabilities. 

The West Virginia Statewide Independent Living Council (SILC) is a federally mandated body that plans and monitors independent living services for people with disabilities. In addition, the SILC advocates collaboratively with other councils, boards, and advocates to ensure the independent living needs of people with disabilities are met. The SILC does not provide direct services but does provide support to the Centers for Independent Living in their efforts to meet the needs of West Virginians with disabilities.

Under Title VII of the Rehabilitation Act of 1973 as amended, funds may be used "to conduct studies and analyses, gather information, develop model policies and procedures, and present information, approaches, strategies, findings, conclusions, and recommendations to Federal, State, and local policymakers in order to enhance independent living services for individuals with disabilities".

WVSILC 2008 Legislative Priorities in PDF

West Virginia Statewide Independent Living Council
Ann Watts McDaniel , Executive Director
PO Box 625 , Barron Drive , C-Building
Institute, WV 25112-0625
304-766-4624 (voice/TDD)
fax: 304-766-4721
www.wvsilc.org
ann.meadows@wvsilc.org