Senate Concurrent Resolution No. 10–Committee on
Legislative Affairs and Operations

 

FILE NUMBER..........

 

SENATE Concurrent RESOLUTION—Urging the Governor and agencies of the State Executive Branch to take certain actions concerning persons with disabilities.

 

    Whereas, The State of Nevada ranks first among all the states

in the increase in the number of persons with disabilities over the

past decade with the number of persons with disabilities in Nevada

having increased by 157 percent over the past 10 years; and

    Whereas, There are more than 375,000 persons with

disabilities living in this state, at least 50,000 of whom are children

or young adults; and

    Whereas, The United States Supreme Court, in Olmstead v.

L.C. ex rel. Zimring, 527 U.S. 581 (1999), concluded that the

unnecessary segregation and institutionalization of persons with

disabilities constitutes discrimination based on disability in violation

of the Americans with Disabilities Act; and

    Whereas, During the 2001 Legislative Session, the Legislature

appropriated $150,000 to the Department of Human Resources for

the development of a long-term strategic plan to ensure the

availability and accessibility of services for persons with disabilities,

support the ability of persons with disabilities to lead independent

and active lives within their communities, continue the efforts of

this state to provide appropriate community-based services for

persons with disabilities and ensure that persons with disabilities

receive the services they are legally entitled to receive; and

    Whereas, The Department of Human Resources established a

Task Force on Disability and various subcommittees to develop the

long-term strategic plan with the goal of ensuring that services are

available throughout Nevada for every disabling condition in the

most integrated setting appropriate to include equally residents with

disabilities of all ages and incomes into the mainstream of Nevada

society; and

    Whereas, The assiduous work of the Task Force and its

unyielding dedication to persons with disabilities resulted in a

comprehensive strategic plan for persons with disabilities which will

be invaluable for the State of Nevada as it plans for the provision of

a seamless continuum of services to persons with disabilities in this

state for the next decade with the objective of enabling persons with

disabilities to achieve maximum mainstream personal and economic

independence; and

    Whereas, Because of the critical importance of providing

comprehensive services to persons with disabilities in Nevada and

ensuring that such persons are not discriminated against in this state

in any manner, and the firm commitment of the Legislature to

ensuring that persons with disabilities are afforded every

opportunity to receive services in the community if appropriate and

to participate in decisions which will affect them, the Legislative

Commission appointed a subcommittee in 2001 to conduct an

interim study of state programs for providing services to persons

with disabilities; and

    Whereas, The subcommittee, working closely with and

supporting the work of the Task Force on Disability, received a

great deal of valuable input from various advocates, agencies,

organizations and persons with diverse interests, perspectives and

expertise concerning the provision of services to persons with

disabilities in an effective and comprehensive manner; now,

therefore, be it

    Resolved by the Senate of the State of Nevada, the

Assembly Concurring, That the members of the Nevada

Legislature urge the Governor and the agencies of the State

Executive Branch to:

    1.  Use the comprehensive long-term strategic plan for persons

with disabilities prepared by the Task Force on Disability as the plan

to ensure that the State of Nevada complies with the Americans with

Disabilities Act (ADA), including, without limitation, the

proscription of discrimination by segregation set forth by the United

States Supreme Court in Olmstead v. L.C. ex rel. Zimring, as the

strategic plan was recognized as an effective “Olmstead Plan” by

the subcommittee, while recognizing that the implementation of the

strategic plan needs to be monitored and that the strategic plan may

need to be reviewed and revised as necessary to comply with the

ADA and to ensure that services are truly available to persons with

disabilities;

    2.  Identify and transfer persons with disabilities who are in

institutional care who can be served in the community to the

community if the persons do not oppose such transfer, and support

the transition of such persons into the community by providing

appropriate discharge planning, transitional supports and targeted

services coordination;

    3.  Identify persons with disabilities who reside in the

community but who are at risk of being improperly institutionalized,

and take actions and provide services to ensure that such persons are

not improperly institutionalized;

    4.  Consider persons with disabilities and services in a more

holistic manner when planning budgets and making decisions

concerning programs which provide services for persons with

disabilities so that decisions made concerning one population or

service do not occur in isolation of decisions made concerning other

populations or services, while ensuring that no reduction in services

for any population of disabled persons occurs; and

    5.  Consider the needs of persons with severe disabilities and

their families whose incomes prevent them from qualifying for

Medicaid, but who are unable to afford the services that they need to

avoid impoverishment, disruptions in their families, exacerbation of

their disabilities and institutionalization, including, without

limitation, personal assistance, respite services, health care services,

environmental modifications and medications; and be it further

    Resolved, That the Secretary of the Senate prepare and

transmit a copy of this resolution to the Governor for distribution to

the appropriate state agencies.

 

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