MISSISSIPPI LEGISLATURE

1998 Regular Session

To: Public Health and Welfare; Appropriations

By: Senator(s) Bean

AN ACT TO ESTABLISH AND EMPOWER THE INDIVIDUAL AND FAMILY SUPPORT JOINT LEGISLATIVE COMMITTEE TO STUDY AND MAKE RECOMMENDATIONS ON THE EXPANSION OF IN-HOME SERVICES AND EQUIPMENT TO PERSONS WITH DISABILITIES AND THEIR FAMILIES AND TO STUDY THE FEASIBILITY OF REDIRECTING INSTITUTION-BASED LONG-TERM CARE FUNDS TO HOME-BASED SERVICES; AND FOR RELATED PURPOSES. 

BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF MISSISSIPPI:

SECTION 1. (1) There is created the Individual and Family Support Joint Study Committee to study and plan for the expansion of in-home services and equipment to persons with disabilities, and families which include members who are persons with disabilities, for the purpose of empowering those citizens to have a higher quality of life by being more independent in their communities and avoiding institutional placement.

(2) The following definitions shall apply to this act:

(a) "Activities of Daily Living (A.D.L.s)" means personal care activities that are routinely part of daily living, including, but not limited to: eating, toileting, dressing, grooming, personal hygiene, bathing and transferring.

(b) "Disability" means a severe chronic cognitive, psychiatric, sensory and/or physical disability of a person that:

(i) Limits ability to perform one or more activities of daily living (A.D.L.s); or

(ii) Limits ability to perform two (2) instrumental activities of daily living (I.A.D.L.s); and

(iii) Requires substantial supervision, episodic or short-term crisis assistance; and

(iv) Needs assistance with the performance of health-related tasks; or

(v) A child under the age of six (6) who is at risk of developing a disability, to be determined if the child has substantial developmental delay or specific congenital or acquired condition that has a high probability of resulting in a developmental disability if services are not provided.

(c) "Family" means the person or persons with whom the person with a disability resides and who are primarily responsible for the physical care, health and nurturing of the individual with a disability. The term does not include hospitals, sanitariums, nursing homes, group homes or any other similar institution.

(d) "Individual and family support services" means goods, services and financial assistance to an individual with a disability or the family of such an individual that are provided to meet the goals of:

(i) Providing a quality of life comparable to that of similarly situated individuals not having a disability and families not having an individual with a disability; and

(ii) Preventing premature or inappropriate out-of-home placement.

(iii) Individual and family support services include, but are not limited to, the following:

(A) Communication services.

(B) Counseling services.

(C) Crisis intervention.

(D) Day care.

(E) Dental and medical care that are not otherwise covered.

(F) Equipment and supplies and other assistive technology.

(G) Financial assistance.

(H) Home and vehicle modifications.

(I) Home health services.

(J) Homemaker services.

(K) Parent education and training.

(L) Personal assistance services.

(M) Recreation.

(N) Respite care.

(O) Self-advocacy training.

(P) Service coordination.

(Q) Specialized diagnosis and evaluation.

(R) Specialized nutrition and clothing.

(S) Specified utility costs.

(T) Therapeutic and nursing services.

(U) Transportation.

(V) Vocational and employment supports.

(e) "Instrumental Activities of Daily Living (I.A.D.L.s)" means activities that support the activities of daily living, including, but not limited to: taking medications, managing money, preparing meals, shopping, child care, light housekeeping, using the telephone or getting around the community.

(3) The Individual and Family Support Joint Study Committee shall be composed of the Chairman of the Senate Public Health and Welfare Committee, the Chairman of the House Public Health and Welfare Committee, the Chairman of the Senate Appropriations Committee, the Chairman of the House Appropriations Committee, two (2) members of the Senate to be appointed by the Lieutenant Governor and two (2) members of the House of Representatives to be appointed by the Speaker of the House.

(4) The joint committee shall conduct meetings with, and seek input from, consumer groups, state agency service providers and other interested parties to fulfill its mission. The joint committee shall issue a report by December 31, 1998, which shall include a plan to address the following:

(a) Determine how and to what degree the state can move from institutional services to individual and family support services that are consumer-directed and more cost-effective and responsive to the desires and preferences of recipients;

(b) Determine a method by which people with disabilities who so desire may avoid nursing home and other institutional placement and choose their own preferred mode of non-institutional long-term care;

(c) Describe the numbers of individuals with disabilities who could benefit from enhanced home-based service options;

(d) Describe the amounts needed to provide such enhanced home-based service options;

(e) Describe how the various state agencies providing services to persons with disabilities can collaborate and cooperate to enhance the availability of home-based services;

(f) Describe the type of home-based individual and family support services to be provided;

(g) Outline a schedule for full establishment and implementation of an Individual and Family Support Program; and

(h) Recommend necessary legislation and appropriation requests to fulfill the purpose of this act.

(5) Within fifteen (15) days after sine die adjournment of the 1998 Regular Session of the Legislature, the Lieutenant Governor and the Speaker shall appoint the members of the committee, and shall jointly designate the first chairman of the joint committee. After the members are appointed, the joint committee shall meet on a date designated by the chairman of the joint committee in Jackson, Mississippi, to organize the committee and establish rules for transacting its business and keeping records. A majority of the members of the joint committee from each house shall constitute a quorum at all committee meetings. An affirmative vote of a majority of the members from each house shall be required in the adoption of rules, resolutions and reports. All members of the joint committee shall be notified in writing of all regular and special meetings of the committee, which notices shall be mailed at least five (5) days before the dates of the meetings.

(6) The joint committee may establish any subcommittees that it deems desirable to study and report to the committee with respect to any matter that is within the scope of this resolution.

(7) In carrying out the provisions of this resolution, the joint committee may utilize the services, facilities and personnel of all departments, agencies, offices and institutions of the state. In particular, the joint committee shall consult with the Division of Medicaid, the University of Mississippi Medical Center and the State Department of Health, and said agencies shall cooperate with the committee and provide the committee with any information and other assistance requested by the committee. The joint committee may consult and seek advice from various groups in the state in order to understand the effect of any existing laws or any changes in law being considered by the committee.

(8) For attending meetings of the joint committee, each member shall be paid from the contingent expense fund of the member's respective house, per diem compensation in the amount authorized by Section 25-3-69 and a mileage allowance and an expense allowance in the amount authorized by Section 5-1-47. However, no per diem compensation, mileage allowance or expense allowance shall be paid for attending meetings of the joint committee while the Legislature is in session, and no per diem compensation, mileage allowance or expense allowance shall be paid without prior approval of the proper committee in the member's respective house. All expenses incurred by and on behalf of the joint committee shall be paid from funds made available by the House Management Committee and the Senate Management Committee from the contingent expense funds of the respective houses, from any funds appropriated for the purpose of this act, and from any grants or contributions made to the committee for its purpose.

(7) Upon the presentation of its report the joint committee shall be dissolved.

SECTION 3. This act shall take effect and be in force from and after its passage.