5930-1000 State Facilities for People with Intellectual Disabilities

For the operation of facilities for individuals with intellectual disabilities; provided, that in order to comply with the decision in Olmstead v. L.C. ex rel. Zimring, 527 U.S. 581 (1999) and to enhance care for clients, the department of developmental services shall discharge clients residing in intermediate care facilities for individuals with intellectual disabilities or ICF/IID, to residential services in the community if: (i) the client is deemed clinically suited for a more integrated setting; (ii) community residential service capacity and resources available are sufficient to provide each client with an equal or improved level of service; and (iii) the cost to the commonwealth of serving the client in the community is less than or equal to the cost of serving the client in an ICF/IID; provided further, that any client transferred to another ICF/IID as the result of a facility closure shall receive a level of care that is equal to or greater than the level of care that had been provided at the closed ICF/IID; provided further, that the department may allocate funds from this item to items 5920-2000, 5920-2010 and 5920-2025, as necessary, under allocation plans that shall be submitted to the house and senate committees on ways and means not less than 30 days before any transfer for residential and day services for clients formerly receiving inpatient care at an ICF/IID; and provided further, that not later than March 2, 2027, the department shall report to the house and senate committees on ways and means, on: (a) all efforts to comply with the decision in Olmstead v. L.C. ex rel. Zimring, 527 U.S. 581 (1999); (b) the enhancement of care within available resources to clients served by the department; and (c) the steps taken to consolidate or close an ICF/IID