HJ0028eng 96TH GENERAL ASSEMBLY

HJ0028 Engrossed LRB096 11713 DRJ 22427 r

HOUSE JOINT RESOLUTION 28

WHEREAS, The United States Supreme Court in Olmstead v. L.C. Ex Rel. Zimring, 119 S. Ct. 2176 (1999), held that the unjustifiable institutionalization of a person with a disability who could live in the community with appropriate supports and services, and wishes to do so, is unlawful discrimination in violation of the Americans with Disabilities Act (ADA); and

WHEREAS, Many individuals with developmental disabilities in Illinois who desire home or community-based residential services are unable to obtain them due to the lack of funding for such options; and

WHEREAS, As a result of insufficient home and community-based service options for individuals with developmental disabilities in Illinois, many individuals and their families must choose between living with their parents or other family members without the supports and services they need, or living in an Intermediate Care Facility, or an Intermediate Care Facility/DD 15 and under, or a State-operated developmental center, even if they could live successfully in a less restrictive setting with appropriate supports and services; and

WHEREAS, There are now over 16,000 individuals with developmental disabilities in Illinois with documented crisis, emerging crisis, or future service needs who are on the Department of Human Services' Priority of Urgency of Need of Services (PUNS) waiting list database for services and supports, and the need is probably greater because this number only represents those individuals who have actually signed up for the PUNS waiting list database; and

WHEREAS, Almost 10 years after the Olmstead decision, a report titled "The State of the States in Disabilities 2008" by the Department of Psychiatry and Coleman Institute for Cognitive Disabilities of the University of Colorado ranks the State of Illinois 40th nationally in fiscal effort for services for individuals with developmental disabilities, including all programs - home based, group home, and congregate care; 43rd in State fiscal effort for community services; 47th in home and community-based waiver spending per capita; and 51st in serving people with developmental disabilities in environments of 6 or less; and

WHEREAS, Other studies, including but not limited to, "State Funding of Community Agencies for Services to Illinois Residents with Mental Illness and/or Developmental Disabilities: Final Report to the Illinois General Assembly", "The Report of the Community Integrated Living Arrangement Nursing Services Work Group", and "The Illinois Direct Support Professional Workforce Initiative" address the issues with the Illinois system; and

WHEREAS, "The Blueprint for System Redesign in Illinois" reviewed the findings of these studies as well as the results of a gaps analysis and created a framework for restructuring the current service system for people with developmental disabilities and their families; and

WHEREAS, These studies and numerous legislative measures and lawsuits over the last decade have attempted to address the shortcomings of Illinois' fragmented and inadequate system of services and supports to individuals with developmental disabilities; and

WHEREAS, In order to meet the urgent need for quality home and community-based services in Illinois, major systemic fiscal and policy changes are necessary and must be a real priority for the State; and

WHEREAS, The workers who provide direct support in the community to individuals with developmental disabilities should be paid fair and adequate wages; and

WHEREAS, Until the State breaks the cycle of underfunding and lack of significant growth of home and community-based services and supports for people with developmental disabilities and their families which perpetuates short term measures to address crises in the system and which, in the long term, has maintained and fostered the competition among many for scarce public resources; the community-based system will continue to be fragmented and inadequately funded; therefore, be it

RESOLVED, BY THE HOUSE OF REPRESENTATIVES OF THE NINETY-SIXTH GENERAL ASSEMBLY OF THE STATE OF ILLINOIS, THE SENATE CONCURRING HEREIN, that the Department of Human Services, Division of Developmental Disabilities, shall develop a 7-year Plan with yearly benchmarks to enhance and expand access to quality community services and supports as informed by the "Blueprint for System Redesign" (January 2008), "State Funding of Community Agencies for Services to Illinois Residents with Mental Illness and/or Developmental Disabilities: Final Report to the Illinois General Assembly", "The Report of the Community Integrated Living Arrangement Nursing Services Work Group", and "The Illinois Direct Support Professional Workforce Initiative" by December 1, 2009; and be it further

RESOLVED, That increases in the resources available to the Department shall be appropriated to services and supports consistent with the Benchmarks of the 7-year Plan considering factors including, but not limited to, fair and adequate wages and benefits for Direct Support Professionals, funding incentives, identifying new revenue sources, maximizing current revenue sources, creating opportunities for capacity building, and new rate methodologies that enhance quality service and quality assurance, crisis intervention, and workforce development; and be it further

RESOLVED, That the Secretary of Human Services shall provide an annual report on the implementation of the Plan, including a year-by-year fiscal impact statement on each aspect of the Plan, to the Governor and to each member of the General Assembly by not later than July 1st of each year and interim progress reports to the Governor and to the members of the General Assembly not later than December 31st of each year until the plan is fully implemented; and be it further

RESOLVED, That appropriate committees of the House of Representatives and the Senate shall convene at least one hearing not later than July 1st of each year on the subject of the Plan; and be it further

RESOLVED, That copies of this Resolution be sent to the Governor, the Secretary of the Department of Human Services, the Director of the Governor's Office of Management and Budget, and all members of the General Assembly.