Illinois General Assembly - Full Text of SJR0015
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Full Text of SJR0015  97th General Assembly




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(As Amended By Senate Amendment No. 1)

3    WHEREAS, The United States Supreme Court in Olmstead v.
4L.C. Ex Rel. Zimring, 119 S. Ct. 2176 (1999), held that under
5Title II of the Americans with Disabilities Act (ADA), States
6are required to provide community-based treatment for persons
7with mental disabilities when the State's treatment
8professionals determine that such placement is appropriate,
9the affected persons do not oppose such treatment, and the
10placement can be reasonably accommodated, taking into account
11the resources available to the State and the needs of others
12with mental disabilities; and
13    WHEREAS, Title II of the ADA further states that a public
14entity shall administer services, programs, and activities in
15the most integrated setting appropriate to the needs of
16individuals with disabilities, defining that setting as one
17that enables individuals with disabilities to interact with
18non-disabled persons to the fullest extent possible; and
19    WHEREAS, Almost 10 years after the Olmstead decision, a
20report titled "The State of the States in Disabilities 2008" by
21the Department of Psychiatry and Coleman Institute for
22Cognitive Disabilities of the University of Colorado ranks the
23State of Illinois 40th nationally in fiscal effort for services



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1for individuals with developmental disabilities, including all
2programs - home based, group home, and congregate care; 43rd in
3State fiscal effort for community services; 47th in home and
4community-based waiver spending per capita; and 51st in serving
5persons with developmental disabilities in environments of 6 or
6less; and
7    WHEREAS, The State has not adequately invested funding for
8home and community-based services for individuals with
9developmental disabilities, and has cut funding for those
10services in the past three State fiscal year budgets; and
11    WHEREAS, Funding for home and community-based services
12does not currently meet the cost of providing those services
13and supports due to inflationary pressures, increased
14personnel costs, mandated increases in minimum wage, rising
15health insurance costs, and the increased cost of doing
16business with vendors; and
17    WHEREAS, Wages for community-based direct service
18professionals are generally at or barely above the poverty
19level for a single person supporting one or more children,
20leading to excessive turnover and undermining the availability
21of quality services; and
22    WHEREAS, "Person-centered" means that services and



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1supports are identified and authorized to address the specific
2needs of each person as a result of an individualized
3assessment and through a person-centered planning process; and
4    WHEREAS, Illinois has a disproportionate number of
5Illinois citizens with developmental disabilities who are
6served in Intermediate Care Facilities for the Developmentally
7Disabled (ICF/DD) and State-Operated Developmental Centers
8(SODC); and
9    WHEREAS, Data shows that Illinois lags substantially
10behind nearly all other states in fostering the provision of
11services in the most integrated setting; the Illinois
12utilization rate for SODC services in 2009 was 18.0 individuals
13per 100,000 persons in the general population; the nationwide
14utilization rate in 2009 was 11.1 individuals per 100,000 in
15the general population; and
16    WHEREAS, The majority of other states have significantly
17reduced their utilization of large state-operated facilities;
18in order for Illinois to achieve parity with the national
19average by 2017, Illinois would need to serve an average of
208.9% fewer individuals in SODCs annually; and
21    WHEREAS, As long as the State continues to perpetuate
22short-term measures to address crises in the system, in the



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1long term, Illinois will perpetuate its inability to serve the
2growing number of individuals with developmental disabilities
3who are not currently receiving services; and
4    WHEREAS, The total budget for all services across all
5settings for persons with developmental disabilities falls far
6short of what is needed for a quality service system; and
7    WHEREAS, The Illinois Department of Human Services'
8Division of Developmental Disabilities (Division) developed
9and released its Strategic Plan for Fiscal Years 2011-2017 in
10July 2010 which aims to substantively re-orient Division
11priorities and resources to support a truly person-centered
12system of services for which there is a popular mandate;
13therefore, be it
16CONCURRING HEREIN, that in alignment with the Division's 7-year
17Strategic Plan (Plan) all children and adults with
18developmental disabilities living in Illinois will receive
19high quality services guided by a person-centered plan that
20maximizes individual choice and flexibility in the most
21integrated setting possible regardless of intensity or
22severity of need; and be it further



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1    RESOLVED, That, taking into account the resources
2available to the State, the Plan's progress will be measured by
3how it increasingly and judiciously provides that Illinois
4citizens with developmental disabilities, including both those
5currently served and those awaiting services (as determined by
6Prioritization of Urgency of Need for Services (PUNS)), are
7served in the most integrated setting consistent with the
8protections under Olmstead; and be it further
9    RESOLVED, That Illinois will implement at least one new,
10outcome-based model for service delivery that improves the
11coordination and integration of habilitation, social, and
12clinical care for people with developmental disabilities; and
13be it further
14    RESOLVED, That the number of individuals living in the most
15integrated settings will achieve parity with the national
16utilization rates so that more individuals will live in
17settings of 6 or less; fewer individuals will live in private
18ICF/DDs; and fewer individuals will live in SODCs; and be it
20    RESOLVED, That in order to ensure positive outcomes for all
21persons, Illinois will work to achieve parity with the average
22national rate of funding for developmental disability
23services, in order to achieve the goals set forth by the



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1Division's 7-year Strategic Plan; and be it further
2    RESOLVED, That more individuals with developmental
3disabilities will receive integrated employment services to
4achieve parity with the national utilization rates; and be it
6    RESOLVED, That the number of people receiving
7Medicaid-funded Home and Community Based Services (HCBS) will
8achieve parity with national utilization rates; and be it
10    RESOLVED, That the disparity between wages paid to State of
11Illinois employees and community-based direct service
12professionals will be reduced; and be it further
13    RESOLVED, That Illinois will seek to provide funding for an
14annual cost-of-living increase for community-based direct
15service employees in order to ensure that these workers receive
16a fair wage that allows them to support their families; and be
17it further
18    RESOLVED, That the Division will develop a comprehensive,
19integrated data management system that captures, aggregates,
20and analyzes data from various sources, allowing timely
21analysis of service processes and outcomes; and be it further



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1    RESOLVED, That persons with developmental disabilities and
2their families and guardians will be actively involved in
3policy discussions and will be respected as partners in the
4process, making informed choices and decisions in order to
5support productive and fulfilling lives; and be it further
6    RESOLVED, That the State of Illinois recognizes that home
7and community providers are a vital part of healthy communities
8and are counted on by individuals and families and the State to
9support their goals and therefore should be listened to and
10respected; and be it further
11    RESOLVED, That the allocation of resources to support
12people with developmental disabilities will accurately reflect
13service demand and be a priority at all levels of government
14and for the citizens of Illinois and that funding for
15developmental disabilities services will be realigned to
16reflect the Strategic Priorities and benchmarks identified in
17the Division's 7-year Strategic Plan; and be it further
18    RESOLVED, That future budgets shall take into
19consideration the steps necessary to achieve the plans laid out
20in this joint resolution; and be it further
21    RESOLVED, That copies of this resolution be sent to the



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1Governor, the Secretary of the Department of Human Services,
2the Director of the Governor's Office of Management and Budget,
3and all Members of the General Assembly.