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




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



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



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1needs of each person as a result of an individualized
2assessment and through a person-centered planning process; and
3    WHEREAS, Illinois has a disproportionate number of
4Illinois citizens with developmental disabilities who are
5served in Intermediate Care Facilities for the Developmentally
6Disabled (ICF/DD) and State-Operated Developmental Centers
7(SODC); and
8    WHEREAS, Data shows that Illinois lags substantially
9behind nearly all other states in fostering the provision of
10services in the most integrated setting; the Illinois
11utilization rate for SODC services in 2009 was 18.0 individuals
12per 100,000 persons in the general population; the nationwide
13utilization rate in 2009 was 11.1 individuals per 100,000 in
14the general population; and
15    WHEREAS, The majority of other states have significantly
16reduced their utilization of large state-operated facilities;
17in order for Illinois to achieve parity with the national
18average by 2017, Illinois would need to serve an average of
198.9% fewer individuals in SODCs annually; and
20    WHEREAS, As long as the State continues to perpetuate
21short-term measures to address crises in the system, in the
22long term, Illinois will perpetuate its inability to serve the



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1growing number of individuals with developmental disabilities
2who are not currently receiving services; and
3    WHEREAS, The total budget for all services across all
4settings for persons with developmental disabilities falls far
5short of what is needed for a quality service system; and
6    WHEREAS, The Illinois Department of Human Services'
7Division of Developmental Disabilities (Division) developed
8and released its Strategic Plan for Fiscal Years 2011-2017 in
9July 2010 which aims to substantively re-orient Division
10priorities and resources to support a truly person-centered
11system of services for which there is a popular mandate;
12therefore, be it
15CONCURRING HEREIN, that in alignment with the Division's 7-year
16Strategic Plan (Plan) all children and adults with
17developmental disabilities living in Illinois will receive
18high quality services guided by a person-centered plan that
19maximizes individual choice and flexibility in the most
20integrated setting possible regardless of intensity or
21severity of need; and be it further
22    RESOLVED, That, taking into account the resources



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



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1    RESOLVED, That more individuals with developmental
2disabilities will receive integrated employment services to
3achieve parity with the national utilization rates; and be it
5    RESOLVED, That the number of people receiving
6Medicaid-funded Home and Community Based Services (HCBS) will
7achieve parity with national utilization rates; and be it
9    RESOLVED, That the disparity between wages paid to State of
10Illinois employees and community-based direct service
11professionals will be reduced; and be it further
12    RESOLVED, That Illinois will seek to provide funding for an
13annual cost-of-living increase for community-based direct
14service employees in order to ensure that these workers receive
15a fair wage that allows them to support their families; and be
16it further
17    RESOLVED, That the Division will develop a comprehensive,
18integrated data management system that captures, aggregates,
19and analyzes data from various sources, allowing timely
20analysis 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
22Governor, the Secretary of the Department of Human Services,



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1the Director of the Governor's Office of Management and Budget,
2and all Members of the General Assembly.