HB 612, HCA 1 -- COMMUNITY FIRST COMMISSION

CO-SPONSORS:  Ladd Baker, Graham

COMMITTEE ACTION:  Voted "do pass" by the Committee on Social
Services, Medicaid and the Elderly by a vote of 12 to 0.

This bill establishes the Community First Commission, whose
duties include helping state agencies accomplish recommended
objectives of the Temporary Home and Community-based Services
and Consumer-directed Care Commission of 2000; assessing how
institutionalized persons with disabilities move into
community-based settings and evaluating the success of such
settings in keeping persons with disabilities out of
institutions; and developing recommendations for legislative and
administrative action.  The commission will have 21 members:  11
public members appointed by the Governor; 5 directors of
agencies; the Lieutenant Governor; 2 members of the House; and 2
members of the Senate.  The Lieutenant Governor will act as
co-chair along with a public member chosen by the commission.
The commission will meet at least twice a year and will report
by January 31 of each year to the Governor and General Assembly
on the state's compliance with a recent U. S. Supreme Court
decision (Olmstead v. L.C.) that prohibits requiring a person to
be institutionalized in order to receive benefits and
recommended statutory and regulatory changes.  The Department of
Social Services and the Division of Vocational Rehabilitation
must permit Medicaid funding to follow the disabled individual
as the individual hires, fires, and supervises personal care
staff.  A one-time transition grant for institutionalized
persons who want to move back into the community will be limited
to a maximum of $1,500 and will be administered by the Division
of Vocational Rehabilitation in consultation with the Department
of Social Services.  The 2 agencies will also cooperate to seek
federal and private grant moneys for this purpose; the moneys
will not limit the appropriation of state moneys for the grant.

HCA 1 -- Requires the commission to be re-authorized by the
General Assembly every 4 years.

FISCAL NOTE:  Estimated Net Cost to General Revenue Fund of
$126,000 in FY 2002, $138,000 in FY 2003, and $153,000 in FY
2004.

PROPONENTS:  Supporters say that the commission would help
achieve the goals of the Olmstead case by allowing patients the
choice to live in the community and receive services if
recommended by their treatment team, rather than being required
to live in an institution in order to receive necessary
services.  The commission will oversee implementation of the
Olmstead decision and facilitate interagency cooperation and
community input.  The bill addresses issues critical to the
implementation of Olmstead.

Testifying for the bill were Representative Ladd Baker;
Paraquad; Governor's Council on Disabilities; Olmstead
Stakeholders Group; Missouri Planning Council for Developmental
Disabilities; Donna Lang; and United States Department of Health
and Human Services, Office of Civil Rights.

OPPONENTS:  Those who oppose the bill say that the commission is
unnecessary and that the Department of Mental Health should be
responsible for writing policy to ensure choices.

Testifying against the bill was ARC of Missouri.

Amy Woods, Legislative Analyst

Missouri House of Representatives
Last Updated November 26, 2001 at 11:45 am