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1 | AMENDMENT TO SENATE JOINT RESOLUTION 15
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2 | AMENDMENT NO. ___. Amend Senate Joint Resolution 15 by | ||||||
3 | replacing everything after the title with the following: | ||||||
4 | "WHEREAS, The United States Supreme Court in Olmstead v. | ||||||
5 | L.C. Ex Rel. Zimring, 119 S. Ct. 2176 (1999), held that under | ||||||
6 | Title II of the Americans with Disabilities Act (ADA), States | ||||||
7 | are required to provide community-based treatment for persons | ||||||
8 | with mental disabilities when the State's treatment | ||||||
9 | professionals determine that such placement is appropriate, | ||||||
10 | the affected persons do not oppose such treatment, and the | ||||||
11 | placement can be reasonably accommodated, taking into account | ||||||
12 | the resources available to the State and the needs of others | ||||||
13 | with mental disabilities; and
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14 | WHEREAS, Title II of the ADA further states that a public | ||||||
15 | entity shall administer services, programs, and activities in | ||||||
16 | the most integrated setting appropriate to the needs of |
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1 | individuals with disabilities, defining that setting as one | ||||||
2 | that enables individuals with disabilities to interact with | ||||||
3 | non-disabled persons to the fullest extent possible; and | ||||||
4 | WHEREAS, Almost 10 years after the Olmstead decision, a | ||||||
5 | report titled "The State of the States in Disabilities 2008" by | ||||||
6 | the Department of Psychiatry and Coleman Institute for | ||||||
7 | Cognitive Disabilities of the University of Colorado ranks the | ||||||
8 | State of Illinois 40th nationally in fiscal effort for services | ||||||
9 | for individuals with developmental disabilities, including all | ||||||
10 | programs - home based, group home, and congregate care; 43rd in | ||||||
11 | State fiscal effort for community services; 47th in home and | ||||||
12 | community-based waiver spending per capita; and 51st in serving | ||||||
13 | persons with developmental disabilities in environments of 6 or | ||||||
14 | less; and | ||||||
15 | WHEREAS, The State has not adequately invested funding for | ||||||
16 | home and community-based services for individuals with | ||||||
17 | developmental disabilities, and has cut funding for those | ||||||
18 | services in the past three State fiscal year budgets; and | ||||||
19 | WHEREAS, Funding for home and community-based services | ||||||
20 | does not currently meet the cost of providing those services | ||||||
21 | and supports due to inflationary pressures, increased | ||||||
22 | personnel costs, mandated increases in minimum wage, rising | ||||||
23 | health insurance costs, and the increased cost of doing |
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1 | business with vendors; and | ||||||
2 | WHEREAS, Wages for community-based direct service | ||||||
3 | professionals are generally at or barely above the poverty | ||||||
4 | level for a single person supporting one or more children, | ||||||
5 | leading to excessive turnover and undermining the availability | ||||||
6 | of quality services; and | ||||||
7 | WHEREAS, "Person-centered" means that services and | ||||||
8 | supports are identified and authorized to address the specific | ||||||
9 | needs of each person as a result of an individualized | ||||||
10 | assessment and through a person-centered planning process; and | ||||||
11 | WHEREAS, Illinois has a disproportionate number of | ||||||
12 | Illinois citizens with developmental disabilities who are | ||||||
13 | served in Intermediate Care Facilities for the Developmentally | ||||||
14 | Disabled (ICF/DD) and State-Operated Developmental Centers | ||||||
15 | (SODC); and | ||||||
16 | WHEREAS, Data shows that Illinois lags substantially | ||||||
17 | behind nearly all other states in fostering the provision of | ||||||
18 | services in the most integrated setting; the Illinois | ||||||
19 | utilization rate for SODC services in 2009 was 18.0 individuals | ||||||
20 | per 100,000 persons in the general population; the nationwide | ||||||
21 | utilization rate in 2009 was 11.1 individuals per 100,000 in | ||||||
22 | the general population; and |
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1 | WHEREAS, The majority of other states have significantly | ||||||
2 | reduced their utilization of large state-operated facilities; | ||||||
3 | in order for Illinois to achieve parity with the national | ||||||
4 | average by 2017, Illinois would need to serve an average of | ||||||
5 | 8.9% fewer individuals in SODCs annually; and | ||||||
6 | WHEREAS, As long as the State continues to perpetuate short | ||||||
7 | term measures to address crises in the system, in the long | ||||||
8 | term, Illinois will perpetuate its inability to serve the | ||||||
9 | growing number of individuals with developmental disabilities | ||||||
10 | who are not currently receiving services; and | ||||||
11 | WHEREAS, The total budget for all services across all | ||||||
12 | settings for persons with developmental disabilities falls far | ||||||
13 | short of what is needed for a quality service system; and | ||||||
14 | WHEREAS, The Illinois Department of Human Services' | ||||||
15 | Division of Developmental Disabilities (Division) developed | ||||||
16 | and released its Strategic Plan for Fiscal Years 2011-2017 in | ||||||
17 | July 2010 which aims to substantively re-orient Division | ||||||
18 | priorities and resources to support a truly person-centered | ||||||
19 | system of services for which there is a popular mandate; | ||||||
20 | therefore, be it | ||||||
21 | RESOLVED, BY THE SENATE OF THE NINETY-SEVENTH GENERAL |
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1 | ASSEMBLY OF THE STATE OF ILLINOIS, THE HOUSE OF REPRESENTATIVES | ||||||
2 | CONCURRING HEREIN, that in alignment with the Division's 7-year | ||||||
3 | Strategic Plan (Plan) all children and adults with | ||||||
4 | developmental disabilities living in Illinois will receive | ||||||
5 | high quality services guided by a person-centered plan that | ||||||
6 | maximizes individual choice and flexibility in the most | ||||||
7 | integrated setting possible regardless of intensity or | ||||||
8 | severity of need; and be it further | ||||||
9 | RESOLVED, That, taking into account the resources | ||||||
10 | available to the State, the Plan's progress will be measured by | ||||||
11 | how it increasingly and judiciously provides that Illinois | ||||||
12 | citizens with developmental disabilities, including both those | ||||||
13 | currently served and those awaiting services (as determined by | ||||||
14 | Prioritization of Urgency of Need for Services (PUNS)), are | ||||||
15 | served in the most integrated setting consistent with the | ||||||
16 | protections under Olmstead; and be it further | ||||||
17 | RESOLVED, That Illinois will implement at least one new, | ||||||
18 | outcome-based model for service delivery that improves the | ||||||
19 | coordination and integration of habilitation, social, and | ||||||
20 | clinical care for people with developmental disabilities; and | ||||||
21 | be it further | ||||||
22 | RESOLVED, That the number of individuals living in the most | ||||||
23 | integrated settings will achieve parity with the national |
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1 | utilization rates so that more individuals will live in | ||||||
2 | settings of 6 or less; fewer individuals will live in private | ||||||
3 | ICFs/DD; and fewer individuals will live in SODCs; and be it | ||||||
4 | further | ||||||
5 | RESOLVED, That in order to ensure positive outcomes for all | ||||||
6 | persons, Illinois will work to achieve parity with the average | ||||||
7 | national rate of funding for developmental disability | ||||||
8 | services, in order to achieve the goals set forth by the | ||||||
9 | Division's 7-year Strategic Plan; and be it further | ||||||
10 | RESOLVED, That more individuals with developmental | ||||||
11 | disabilities will receive integrated employment services to | ||||||
12 | achieve parity with the national utilization rates; and be it | ||||||
13 | further | ||||||
14 | RESOLVED, That the number of people receiving | ||||||
15 | Medicaid-funded Home and Community Based Services (HCBS) will | ||||||
16 | achieve parity with national utilization rates; and be it | ||||||
17 | further | ||||||
18 | RESOLVED, That the disparity between wages paid to State of | ||||||
19 | Illinois employees and community-based direct service | ||||||
20 | professionals will be reduced; and be it further | ||||||
21 | RESOLVED, That Illinois will seek to provide funding for an |
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1 | annual cost-of-living increase for community-based direct | ||||||
2 | service employees in order to ensure that these workers receive | ||||||
3 | a fair wage that allows them to support their families; and be | ||||||
4 | it further | ||||||
5 | RESOLVED, That the Division will develop a comprehensive, | ||||||
6 | integrated data management system that captures, aggregates, | ||||||
7 | and analyzes data from various sources, allowing timely | ||||||
8 | analysis of service processes and outcomes; and be it further | ||||||
9 | RESOLVED, That persons with developmental disabilities and | ||||||
10 | their families and guardians will be actively involved in | ||||||
11 | policy discussions and will be respected as partners in the | ||||||
12 | process, making informed choices and decisions in order to | ||||||
13 | support productive and fulfilling lives; and be it further | ||||||
14 | RESOLVED, That the State of Illinois recognizes that home | ||||||
15 | and community providers are a vital part of healthy communities | ||||||
16 | and are counted on by individuals and families and the State to | ||||||
17 | support their goals and therefore should be listened to and | ||||||
18 | respected; and be it further | ||||||
19 | RESOLVED, That the allocation of resources to support | ||||||
20 | people with developmental disabilities will accurately reflect | ||||||
21 | service demand and be a priority at all levels of government | ||||||
22 | and for the citizens of Illinois and that funding for |
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1 | developmental disabilities services will be realigned to | ||||||
2 | reflect the Strategic Priorities and benchmarks identified in | ||||||
3 | the Division's 7-year Strategic Plan; and be it further | ||||||
4 | RESOLVED, That future budgets shall take into | ||||||
5 | consideration the steps necessary to achieve the plans laid out | ||||||
6 | in this joint resolution; and be it further | ||||||
7 | RESOLVED, That copies of this Resolution be sent to the | ||||||
8 | Governor, the Secretary of the Department of Human Services, | ||||||
9 | the Director of the Governor's Office of Management and Budget, | ||||||
10 | and all members of the General Assembly.". |