WHEREAS, the 1999 Supreme Court Olmstead v. L.C. decision ruled that unnecessary segregation of people with disabilities is discriminatory under the Americans with Disabilities Act; and

WHEREAS, people with disabilities want to choose where they want to live and be a part of their communities; and

WHEREAS, over 70 percent of Medicaid dollars spent on long term care is spent on institutional services, leaving only 30 percent for all community services; and

WHEREAS, the institutional bias of Medicaid results in isolating people with disabilities by limiting their choices of where they can live and receive support services; and

WHEREAS, the money follows the person model has been recognized by the Centers of Medicare and Medicaid Services of the U.S. Department of Health and Human Services as the best practice for ending unnecessary institutionalization consistent with the Olmstead decision; and

WHEREAS, the Money Follows the Person Act of 2005 would allow people with disabilities to transfer the funds they receive in institutions to pay for long-term care in more integrated, community-settings; and

WHEREAS, the Money Follows the Person Act of 2005 would help states comply with the Olmstead decision by providing people with disabilities the choice to live in their communities near family and friends; and

NOW, THEREFORE, BE IT RESOLVED that The U.S. Conference of Mayors supports local and state efforts to ensure the civil rights of people with disabilities of all ages to receive community-based services and supports; and

BE IT FURTHER RESOLVED, that The U.S. Conference of Mayors urges Congress to enact S. 528, the Money Follows the Person Act of 2005.