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1 | AMENDMENT TO SENATE JOINT RESOLUTION 30
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2 | AMENDMENT NO. ___. Amend Senate Joint Resolution 30 by | ||||||
3 | replacing everything after the heading with the following:
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4 | "WHEREAS, The United States Supreme Court in Olmstead v. | ||||||
5 | L.C. Ex Rel. Zimring, 119 S. Ct. 2176 (1999), held that the | ||||||
6 | unjustifiable institutionalization of a person with a | ||||||
7 | disability who could live in the community with appropriate | ||||||
8 | supports and services, and wishes to do so, is unlawful | ||||||
9 | discrimination in violation of the Americans with Disabilities | ||||||
10 | Act (ADA); and | ||||||
11 | WHEREAS, Many individuals with developmental disabilities | ||||||
12 | in Illinois who desire home or community-based residential | ||||||
13 | services are unable to obtain them due to the lack of funding
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14 | for such options; and
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15 | WHEREAS, As a result of insufficient home and |
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1 | community-based service options for individuals with | ||||||
2 | developmental disabilities in Illinois, many individuals and | ||||||
3 | their families must choose between living with their parents or | ||||||
4 | other family members without the supports and services they | ||||||
5 | need, or living an Intermediate Care Facility, or an | ||||||
6 | Intermediate Care Facility/DD 15 and under, or a State-operated | ||||||
7 | developmental center, even if they could live successfully in a | ||||||
8 | less restrictive setting with appropriate supports and | ||||||
9 | services; and | ||||||
10 | WHEREAS, There are now over 16,000 individuals with | ||||||
11 | developmental disabilities in Illinois with documented crisis, | ||||||
12 | emerging crisis, or future service needs who are on the | ||||||
13 | Department of Human Services' Priority of Urgency of Need of | ||||||
14 | Services (PUNS) waiting list database for services and
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15 | supports, and the need is probably greater because this number | ||||||
16 | only represents those individuals who have actually signed up | ||||||
17 | for the PUNS waiting list database; and
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18 | WHEREAS, Almost 10 years after the Olmstead decision, a | ||||||
19 | report titled "The State of the States in Disabilities 2008" by | ||||||
20 | the Department of Psychiatry and Coleman Institute for | ||||||
21 | Cognitive Disabilities of the University of Colorado ranks the | ||||||
22 | State of Illinois 40th nationally in fiscal effort for services | ||||||
23 | for individuals with developmental disabilities, including all | ||||||
24 | programs - home based, group home, and congregate care; 47th in |
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1 | community spending; and 51st in serving people with | ||||||
2 | developmental disabilities in environments of 6 or less; and | ||||||
3 | WHEREAS, Other studies, including but not limited to, | ||||||
4 | "State Funding of Community Agencies for Services to Illinois | ||||||
5 | Residents with Mental Illness and/or Developmental | ||||||
6 | Disabilities: Final Report to the Illinois General Assembly", | ||||||
7 | "The Report of the Community Integrated Living Arrangement | ||||||
8 | Nursing Services Work Group", and "The Illinois Direct Support | ||||||
9 | Professional Workforce Initiative" address the issues with the | ||||||
10 | Illinois system; and | ||||||
11 | WHEREAS, "The Blueprint for System Redesign in Illinois" | ||||||
12 | reviewed the findings of these studies as well as the results | ||||||
13 | of a gaps analysis and created a framework for restructuring | ||||||
14 | the current service system for people with developmental | ||||||
15 | disabilities and their families; and | ||||||
16 | WHEREAS, These studies and numerous legislative measures | ||||||
17 | and lawsuits over the last decade have attempted to address the | ||||||
18 | shortcomings of Illinois' fragmented and inadequate system of
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19 | services and supports to individuals with developmental | ||||||
20 | disabilities; and
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21 | WHEREAS, In order to meet the urgent need for quality home | ||||||
22 | and community-based services in Illinois, major systemic |
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1 | fiscal and policy changes are necessary and must be a real | ||||||
2 | priority for the State; and | ||||||
3 | WHEREAS, The workers who provide direct support in the | ||||||
4 | community to individuals with developmental disabilities | ||||||
5 | should be paid fair and adequate wages; and | ||||||
6 | WHEREAS, Until the State breaks the cycle of underfunding | ||||||
7 | and lack of significant growth of home and community-based | ||||||
8 | services and supports for people with developmental | ||||||
9 | disabilities and their families which perpetuates short term | ||||||
10 | measures to address crises in the system and which, in the long | ||||||
11 | term, has maintained and fostered the competition among many | ||||||
12 | for scarce public resources; the community-based system will | ||||||
13 | continue to be fragmented and inadequately funded; therefore, | ||||||
14 | be it | ||||||
15 | RESOLVED, BY THE SENATE OF THE NINETY-SIXTH GENERAL | ||||||
16 | ASSEMBLY OF THE STATE OF ILLINOIS, THE HOUSE OF REPRESENTATIVES | ||||||
17 | CONCURRING HEREIN, that the Department of Human Services, | ||||||
18 | Division of Developmental Disabilities, shall develop a 7-year | ||||||
19 | Plan with yearly benchmarks to enhance and expand access to | ||||||
20 | quality community services and supports as informed by the | ||||||
21 | "Blueprint for System Redesign" (January 2008), "State Funding | ||||||
22 | of Community Agencies for Services to Illinois Residents with | ||||||
23 | Mental Illness and/or Developmental Disabilities: Final Report |
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1 | to the Illinois General Assembly", "The Report of the Community | ||||||
2 | Integrated Living Arrangement Nursing Services Work Group", | ||||||
3 | and "The Illinois Direct Support Professional Workforce | ||||||
4 | Initiative" by December 1, 2009; and be it further | ||||||
5 | RESOLVED, That increases in the resources available to the | ||||||
6 | Department shall be appropriated to services and supports | ||||||
7 | consistent with the Benchmarks of the 7-year Plan considering | ||||||
8 | factors including, but not limited to, fair and adequate wages | ||||||
9 | and benefits for Direct Support Professionals, funding | ||||||
10 | incentives, identifying new revenue sources, maximizing | ||||||
11 | current revenue sources, creating opportunities for capacity | ||||||
12 | building, and new rate methodologies that enhance quality | ||||||
13 | service and quality assurance, crisis intervention, and | ||||||
14 | workforce development; and be it further | ||||||
15 | RESOLVED, That the Secretary of Human Services shall | ||||||
16 | provide an annual report on the implementation of the Plan, | ||||||
17 | including a year-by-year fiscal impact statement on each aspect | ||||||
18 | of the Plan, to the Governor and to each member of the General | ||||||
19 | Assembly by not later than July 1st of each year and interim | ||||||
20 | progress reports to the Governor and to the members of the | ||||||
21 | General Assembly not later than December 31st of each year | ||||||
22 | until the plan is fully implemented; and be it further | ||||||
23 | RESOLVED, That appropriate committees of the House of |
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1 | Representatives and the Senate shall convene at least one | ||||||
2 | hearing not later than July 1st of each year on the subject of | ||||||
3 | the Plan; and be it further | ||||||
4 | RESOLVED, That copies of this Resolution be sent to the | ||||||
5 | Governor, the Secretary of the Department of Human Services, | ||||||
6 | the Director of the Governor's Office of Management and Budget, | ||||||
7 | and all members of the General Assembly.". |