STAND. COM. REP. NO. 1126-00

                                 Honolulu, Hawaii
                                                   , 2000

                                 RE: H.C.R. No. 196
                                     H.D. 1




Honorable Calvin K.Y. Say
Speaker, House of Representatives
Twentieth State Legislature
Regular Session of 2000
State of Hawaii

Sir:

     Your Committees on Health and Human Services and Housing, to
which was referred H.C.R. No. 196 entitled: 

     "HOUSE CONCURRENT RESOLUTION REQUESTING THE GOVERNOR TO
     ESTABLISH A TASK FORCE TO DEVELOP AND IMPLEMENT A STATEWIDE,
     COMPREHENSIVE, AND EFFECTIVE WORKING PLAN FOR PLACING
     QUALIFIED PERSONS WITH DISABILITIES IN THE MOST INTEGRATED
     SETTING POSSIBLE AND TO KEEP WAITING LISTS THAT MOVE AT A
     REASONABLE PACE,"

beg leave to report as follows:

     The purpose of this concurrent resolution is to improve
access to community services and supports for persons with
disabilities by requesting the Governor to establish a task force
to develop and implement a statewide, comprehensive, and
effective working plan for placing qualified persons with
disabilities in the most integrated setting possible and to keep
waiting lists that move at a reasonable pace.

     The State Planning Council on Developmental Disabilities and
the Arc in Hawaii testified in support of this measure.  The
Department of the Attorney General (AG) opposed this measure.
The Department of Health submitted comments.

     The AG testified that the State has developed a plan
specifically to deal with the Medicaid Home and Community-Based
Services for the Developmentally Disabled or Mentally Retarded

 
 
 
 
                                 STAND. COM. REP. NO. 1126-00
                                 Page 2

 
program wait list, and intends to seek public comment on the plan
from existing clients, wait-listed people, the public, disability
rights advocates, and providers.  Therefore, the AG believes that
a separate task force is unnecessary.

     The AG also testified that the trial in Makin v. State is
near, and this concurrent resolution makes findings that may hurt
the State's case in the present lawsuit.  Additionally, the AG
commented that this concurrent resolution also gives incorrect
impressions.

     Cognizant of the AG concerns and the best interest of the
state to convene all its stakeholders and to develop its plan
expediently, your Committees have amended this measure by:

     (1)  Requesting the Governor to develop the plan without the
          convening of a task force;

     (2)  Amending the title of the concurrent resolution to
          read: "REQUESTING THE GOVERNOR TO DEVELOP AND IMPLEMENT
          A STATEWIDE, COMPREHENSIVE, AND EFFECTIVE WORKING PLAN
          FOR PLACING QUALIFIED PERSONS WITH DISABILITIES IN THE
          MOST INTEGRATED SETTINGS POSSIBLE AND TO KEEP WAITING
          LISTS THAT MOVE AT A REASONABLE PACE";

     (3)  Deleting statements that may be used against the State
          in pending litigation;

     (4)  Including the Housing and Community Development
          Corporation of Hawaii as one of the organizations that
          the Governor, in developing the plan, solicit input
          from; and

     (5)  Making technical, nonsubstantive amendments for
          purposes of clarity and style.

     As affirmed by the records of votes of the members of your
Committees on Health and Human Services and Housing that are
attached to this report, your Committees concur with the intent
and purpose of H.C.R. No. 196, as amended herein, and recommend
that it be referred to the Committee on Finance in the form
attached hereto as H.C.R. No. 196, H.D. 1.


 
 
 
 
 
 
                                 STAND. COM. REP. NO. 1126-00
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                                   Respectfully submitted on
                                   behalf of the members of the
                                   Committees on Health and Human
                                   Services and Housing,

                                   
                                   
                                   
                                   
______________________________     ______________________________
DENNIS A. ARAKAKI, Chair           ALEXANDER C. SANTIAGO, Chair