Full Text of SJR0015 97th General Assembly
SJ0015sam001 97TH GENERAL ASSEMBLY |
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| 1 | | AMENDMENT TO SENATE JOINT RESOLUTION 15
| 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
| 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.". |
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