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POLICY
RECOMMENDATIONS FOR CONSIDERATION IN THE OLMSTEAD STATE PLAN
The following
policy recommendations were adopted by the Olmstead State Plan Committee
at its September 25, 2001 meeting, and conveyed to the KY Cabinet for
Health Services on October 1, 2001 for consideration in the development of
Kentucky's State Olmstead Plan. Overarching: 1. The 2002 General Assembly shall establish, out of the Governor’s Office, an Oversight Committee comprised of legislators, persons with disabilities, family members of persons with disabilities, advocates, and officials with policy-making responsibilities from the Cabinet for Health Services, Cabinet for Workforce Development, Cabinet for Families and Children, Transportation Cabinet, Kentucky Housing Corporation, State Council for Developmental Disabilities, and Office of the Attorney General for the purpose of monitoring implementation of the Olmstead State Plan, including the development of a continuum of services including facilities, the implementation of individual choice in living arrangements, delivery of services, development of grievance procedures, quality of services, development of a database regarding quality of services delivery (which will be accessible to the public) and developing any legislation needed to achieve compliance. The Oversight Committee will report its findings and recommendations quarterly to the Legislative Research Commission. 2. The 2002 General Assembly shall enact legislation and provide the necessary resources directing the Cabinet for Health Services to initiate during 2002-2003 a continuing education program to advise individuals, practitioners, policymakers, and the general public regarding the rights of individuals with disabilities and the responsibility of the State of Kentucky under the Olmstead decision. 3. The 2002 General Assembly shall enact legislation that includes the principle that home and community-based support and services are the first option to be made available to individuals, rather than institutionalization. All state policies concerning services and supports to individuals with disabilities will be revised to support this principle. 4. The 2002 General Assembly shall provide the necessary funds to permit individuals currently residing in segregated settings to return to the community and a home in the least restricted environment of their choice, with the money for services following the individual. Anyone wishing to return to the community shall receive the necessary supports and services to live in the community within 90 days of the request. 5. The 2002 General Assembly shall enact legislation redirecting funding for long-term care in Kentucky from institutional based to community based care, so that persons desiring to return to or remain in their own community can have the choice to do so. 6. By at least 2004, there shall be systems changes that will promote a collaborative effort among all stakeholders and human service agencies in Kentucky. This systems change will uphold equal opportunities for individuals with disabilities in all aspects of service provision – including, but not limited to, employment, housing, transportation, health services, and social services. Person-Centered Funding 7. The 2002 General Assembly shall authorize and direct the Cabinet for Health Services to work in partnership with consumers, family members, and advocacy groups in conjunction with the Center for Medicare and Medicaid Services (CMS) to maximize flexibility within the Medicaid Waiver Programs, so that these programs will allow person-centered planning and person-centered funding, individuals to manage their own funds, including hiring and firing service providers, as well as employing family members (within CMS regulations) Employment 8. The 2002 General Assembly shall direct the Cabinet for Health Services to participate in the Medicaid Buy-In Program with the Ticket to Work initiative and provide Medicaid Buy-In for those Medicaid-eligible individuals who are employed or planning to work. 9. The General Assembly shall appropriate the necessary state funds to provide long-term supportive employment assistance for persons with severe disabilities who are expected to leave facilities and return to the community. 10. The General Assembly shall allocate funds to implement the Cabinet for Workforce Development, Department of Vocational Rehabilitation’s Supported Employment Initiative in order to sustain community-integrated employment for individuals with severe disabilities. Housing and Residential Services 11. The 2002 General Assembly shall direct the Kentucky Housing Corporation to: a) conduct informational programs targeted to housing and services providers to raise the level of awareness about housing resources for individuals with disabilities; and b) identify sources, public and private, of funding for development of housing options and to provide subsidies through which individuals with disabilities will be able to choose from an array of affordable, safe, and decent housing and residential options. 12. The 2002 General Assembly shall direct the Kentucky Housing Corporation to take the leadership role in developing a platform of steps to link housing and services, so that housing and services shall be coordinated by both housing providers and services providers in a wraparound integrated system. 13. The General Assembly shall amend the Kentucky Building Code Statute to require the incorporation of universal design in all newly -constructed dwelling units. Transportation
15. The 2002 General Assembly shall direct the Transportation Cabinet to seek all available federal matching funds for the development of a consumer-directed and fully accessible transportation system. 16. The 2002 General Assembly shall direct the Transportation Cabinet to identify sources, public and private, of funding for development of affordable and accessible transportation services and to provide subsidies so that individuals with disabilities will be able to choose from an array of transportation services. 17. The 2002 General Assembly shall direct the Transportation Cabinet to develop programs that allow individual budgeting for individuals to purchase transportation services, including but not limited to, the use of transportation vouchers. |