45th legislature - STATE OF NEW MEXICO - second session, 2002

REQUESTING THE GOVERNOR'S COMMITTEE ON CONCERNS OF THE HANDICAPPED TO CONVENE A TASK FORCE, INCLUDING THE AFFECTED DEPARTMENTS AND AGENCIES, TO DEVELOP A COMPREHENSIVE AND COORDINATED STATE PLAN TO BRING THE STATE INTO COMPLIANCE WITH THE 1999 UNITED STATES SUPREME COURT DECISION IN OLMSTEAD V. L.C.

WHEREAS, the United States supreme court decision in Olmstead v. L.C. provides the legal framework to enable persons with disabilities to live in the most integrated setting appropriate to their individual needs; and

WHEREAS, the court affirmed that no person should be forced to live in an institution or a nursing home if he can live in the community with the appropriate support; and

WHEREAS, the goal of the court's Olmstead v. L.C. decision is to integrate persons with disabilities into the mainstream of society, promote equality of opportunity and maximize individual choice; and

WHEREAS, under the court decision, the state of New Mexico is required to provide community-based services for all persons with disabilities who would otherwise be entitled to institutional services; and

WHEREAS, on June 18, 2001, President Bush signed Executive Order No. 13217, entitled "Community-Based Alternative for Individuals with Disabilities", which calls upon the federal government to assist states and localities to implement swiftly the decision of the United States supreme court in Olmstead v. L.C.; and

WHEREAS, the executive order said that the United States is committed to community-based alternatives for individuals with disabilities and recognizes that alternative services advance the best interests of the United States and its citizens; and

WHEREAS, in their initial response to the federal department of health and human services office of civil rights, the human services department and the department of health indicated that all people in institutional settings would be assessed for capacity to live in a community-based setting; and

WHEREAS, the federal Americans with Disabilities Act of 1990 obliges the state of New Mexico to make reasonable modifications in policies, practices or procedures that are necessary to avoid discrimination on the basis of disability; and

WHEREAS, the court suggested that the state of New Mexico could be in compliance with Olmstead v. L.C. and the Americans with Disabilities Act of 1990 and could have a defense against long-term services discrimination lawsuits if the state can demonstrate that it has a comprehensive and effective working plan for placing qualified persons with disabilities in less restrictive settings and has developed a waiting list for long-term services that moves at a reasonable pace; and

WHEREAS, the development of the plan should actively include people with disabilities or their representatives and the family members of persons with disabilities in its design and implementation;

NOW, THEREFORE, BE IT RESOLVED BY THE LEGISLATURE OF THE STATE OF NEW MEXICO that the governor's committee on concerns of the handicapped convene a task force consisting of affected departments, agencies, advocacy groups, groups whose members belong to the disabled community and groups whose members are family members of persons with disabilities to begin work on the development of a comprehensive and coordinated plan to bring the state into compliance with the Olmstead v. L.C. decision, including a study of the plan's fiscal impact on the state; and

BE IT FURTHER RESOLVED that the human services department and the department of health report, no later than October 1, 2002, to the legislative health and human services committee on their assessments of the status of people in the state currently in institutional settings and their ability to live in community-based settings, including the number of people assessed to be inappropriately placed and, of those, how many would choose community-based living; and

BE IT FURTHER RESOLVED that copies of this memorial be sent to the chair of the legislative health and human services committee, the secretary of human services, the secretary of health and the governor's committee on concerns of the handicapped.