Committee recommends bill amendment adding Olmstead-related oversight and annual reports

At a committee meeting, the Medical, Military, Public and Municipal Affairs Committee voted unanimously to give a favorable recommendation to a bill as amended that adds Americans with Disabilities Act (ADA)–related oversight and a requirement for annual accountability reports from each department to the governor and the General Assembly.

The amendment was introduced for discussion by Charlie Davis, who said it contains “two distinct things” — primarily nontechnical wording changes and clarifications of supervisory titles — and a provision tying departmental oversight to the Olmstead decision and ADA compliance. "It draws attention to the oversight and required annual accountability reports that each department must submit to the governor and the General Assembly," Charlie Davis said.

Senator Davis and other committee speakers discussed the Olmstead decision during committee questions. Senator Davis summarized the court ruling, saying that in Olmstead "the court found the Americans with Disabilities Act required medically cleared patients with disabilities to be placed in integrated settings when they express their desire to do so and when resources are available," and noting the ruling also allowed a different outcome if reallocating resources to one patient would harm others.

Committee members asked for clarification about local implications and the fiscal impact; members referenced the bill's fiscal note, specifically a citation to page 204. A Department of Health representative was invited to speak for factual clarification during the discussion; no additional staff responses are recorded in the transcript.

Ms. Fears called the roll on the amendment; the roll-call recorded votes in favor by Mr. Beach, Ms. Davis, Mr. Hart, Mr. Montgomery, Mr. Moore and Mr. Sessions. The chair declared the amendment adopted and, after no further amendments, the committee then voted by roll call to recommend the bill as amended to the full committee. The roll-call votes on both the amendment and the bill as amended were recorded as unanimous in favor in the committee transcript.

The committee chair closed business after the votes and adjourned the meeting. The bill will proceed to the full committee for further consideration; the transcript does not record a formal mover/second for the motions or a scheduled date for the full committee hearing.