Full Text of HJR0028 96th General Assembly
HJ0028 96TH GENERAL ASSEMBLY
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| HOUSE JOINT RESOLUTION
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| WHEREAS, The United States Supreme Court in Olmstead v. | 3 |
| L.C. Ex Rel. Zimring, 119 S. Ct. 2176 (1999), held that the | 4 |
| unjustifiable institutionalization of a person with a | 5 |
| disability who could live in the community with appropriate | 6 |
| supports and services, and wishes to do so, is unlawful | 7 |
| discrimination in violation of the Americans with Disabilities | 8 |
| Act (ADA); and
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| WHEREAS, Many individuals with developmental disabilities | 10 |
| in Illinois who desire home or community-based residential | 11 |
| services are unable to obtain them due to the lack of funding | 12 |
| for such options; and
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| WHEREAS, As a result of insufficient home and | 14 |
| community-based service options for individuals with | 15 |
| developmental disabilities in Illinois, many individuals and | 16 |
| their families must choose between living with their parents or | 17 |
| other family members without the supports and services they | 18 |
| need, or living in a State-operated developmental center or | 19 |
| another institution, even if they could live successfully in a | 20 |
| less restrictive setting with appropriate supports and | 21 |
| services; and
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| WHEREAS, There are now over 16,000 individuals with |
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| developmental disabilities in Illinois with documented crisis, | 2 |
| emerging crisis, or future service needs who are on the | 3 |
| Department of Human Services' Priority of Urgency of Need of | 4 |
| Services (PUNS) waiting list database for services and | 5 |
| supports, and the need is probably greater because this number | 6 |
| only represents those individuals who have actually signed up | 7 |
| for the PUNS waiting list database; and
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| WHEREAS, Almost 10 years after the Olmstead decision, a | 9 |
| report titled "The State of the States in Disabilities 2008" by | 10 |
| the Department of Psychiatry and Coleman Institute for | 11 |
| Cognitive Disabilities of the University of Colorado ranks the | 12 |
| State of Illinois 51st in the nation in terms of making small | 13 |
| community living arrangements (6 residents or fewer) available | 14 |
| to individuals with developmental disabilities; and
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| WHEREAS, The State of Illinois ranks near the very bottom | 16 |
| both nationally and among the other Midwest states in per | 17 |
| capita spending for home and community-based supports and | 18 |
| services for individuals with developmental disabilities; and
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| WHEREAS, Other studies, including but not limited to, | 20 |
| "State Funding of Community Agencies for Services to Illinois | 21 |
| Residents with Mental Illness and/or Developmental | 22 |
| Disabilities: Final Report to the Illinois General Assembly" | 23 |
| and "The Report of the Community Integrated Living Arrangement |
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| Nursing Services Work Group" address the issues with the | 2 |
| Illinois system; and
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| WHEREAS, "The Blueprint for System Redesign in Illinois" | 4 |
| reviewed the findings of these studies as well as the results | 5 |
| of a gaps analysis and created a framework for restructuring | 6 |
| the current service system for people with developmental | 7 |
| disabilities and their families; and
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| WHEREAS, These studies and numerous legislative measures | 9 |
| and lawsuits over the last decade have attempted to address the | 10 |
| shortcomings of Illinois' fragmented and inadequate system of | 11 |
| services and supports to individuals with developmental | 12 |
| disabilities; and
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| WHEREAS, The level of need and corresponding cost for | 14 |
| providing supports and services for individuals with | 15 |
| developmental disabilities in Illinois will continue to | 16 |
| outpace significantly the State's ability to fund services | 17 |
| appropriately and effectively unless major systemic fiscal and | 18 |
| policy changes are made to the service delivery system; and | 19 |
| WHEREAS, Until the State breaks the cycle of underfunding | 20 |
| and lack of significant growth of home and community-based | 21 |
| services and supports for people with developmental | 22 |
| disabilities and their families which perpetuates short term |
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| measures to address crises in the system and which, in the long | 2 |
| term, has maintained and fostered the competition among many | 3 |
| for scarce public resources; the community-based system will | 4 |
| continue to be fragmented and inadequately funded; therefore, | 5 |
| be it
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| RESOLVED, BY THE HOUSE OF REPRESENTATIVES OF THE | 7 |
| NINETY-SIXTH GENERAL ASSEMBLY OF THE STATE OF ILLINOIS, THE | 8 |
| SENATE CONCURRING HEREIN, that the Department of Human | 9 |
| Services, Division of Developmental Disabilities, shall | 10 |
| develop a 7-year Plan with yearly benchmarks to enhance and | 11 |
| expand access to quality community services and supports as | 12 |
| described in the recommendations of the "Blueprint for System | 13 |
| Redesign" (January 2008) and other reports that have been done, | 14 |
| by December 1, 2009; and be it further
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| RESOLVED, That any increase in the resources available to | 16 |
| the Department shall be appropriated to services and supports | 17 |
| consistent with the action steps in the Plan considering, but | 18 |
| not limited to, funding incentives, identifying new revenue | 19 |
| sources, maximizing current revenue sources, creating | 20 |
| opportunities for capacity building and new rate methodologies | 21 |
| that enhance quality service and quality assurance, crisis | 22 |
| intervention and workforce development; and be it further | 23 |
| RESOLVED, That the Secretary of Human Services shall |
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| provide an annual report on the implementation of the Plan to | 2 |
| the Governor and to each member of the General Assembly by not | 3 |
| later than July 1st of each year and interim progress reports | 4 |
| to the Governor and to the members of the General Assembly not | 5 |
| later than December 31st of each year until the plan is fully | 6 |
| implemented; and be it further | 7 |
| RESOLVED, That appropriate committees of the House of | 8 |
| Representatives and the Senate shall convene at least one | 9 |
| hearing not later than July 1st of each year on the subject of | 10 |
| the Plan; and be it further | 11 |
| RESOLVED, That copies of this Resolution be sent to the | 12 |
| Governor, the Secretary of the Department of Human Services, | 13 |
| the Director of the Governor's Office of Management and Budget, | 14 |
| and all members of the General Assembly.
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