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



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2    AMENDMENT NO. ___. Amend Senate Joint Resolution 15 by
3replacing everything after the title with the following:
4    "WHEREAS, The United States Supreme Court in Olmstead v.
5L.C. Ex Rel. Zimring, 119 S. Ct. 2176 (1999), held that under
6Title II of the Americans with Disabilities Act (ADA), States
7are required to provide community-based treatment for persons
8with mental disabilities when the State's treatment
9professionals determine that such placement is appropriate,
10the affected persons do not oppose such treatment, and the
11placement can be reasonably accommodated, taking into account
12the resources available to the State and the needs of others
13with mental disabilities; and
14    WHEREAS, Title II of the ADA further states that a public
15entity shall administer services, programs, and activities in
16the most integrated setting appropriate to the needs of



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1individuals with disabilities, defining that setting as one
2that enables individuals with disabilities to interact with
3non-disabled persons to the fullest extent possible; and
4    WHEREAS, Almost 10 years after the Olmstead decision, a
5report titled "The State of the States in Disabilities 2008" by
6the Department of Psychiatry and Coleman Institute for
7Cognitive Disabilities of the University of Colorado ranks the
8State of Illinois 40th nationally in fiscal effort for services
9for individuals with developmental disabilities, including all
10programs - home based, group home, and congregate care; 43rd in
11State fiscal effort for community services; 47th in home and
12community-based waiver spending per capita; and 51st in serving
13persons with developmental disabilities in environments of 6 or
14less; and
15    WHEREAS, The State has not adequately invested funding for
16home and community-based services for individuals with
17developmental disabilities, and has cut funding for those
18services in the past three State fiscal year budgets; and
19    WHEREAS, Funding for home and community-based services
20does not currently meet the cost of providing those services
21and supports due to inflationary pressures, increased
22personnel costs, mandated increases in minimum wage, rising
23health insurance costs, and the increased cost of doing



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1business with vendors; and
2    WHEREAS, Wages for community-based direct service
3professionals are generally at or barely above the poverty
4level for a single person supporting one or more children,
5leading to excessive turnover and undermining the availability
6of quality services; and
7    WHEREAS, "Person-centered" means that services and
8supports are identified and authorized to address the specific
9needs of each person as a result of an individualized
10assessment and through a person-centered planning process; and
11    WHEREAS, Illinois has a disproportionate number of
12Illinois citizens with developmental disabilities who are
13served in Intermediate Care Facilities for the Developmentally
14Disabled (ICF/DD) and State-Operated Developmental Centers
15(SODC); and
16    WHEREAS, Data shows that Illinois lags substantially
17behind nearly all other states in fostering the provision of
18services in the most integrated setting; the Illinois
19utilization rate for SODC services in 2009 was 18.0 individuals
20per 100,000 persons in the general population; the nationwide
21utilization rate in 2009 was 11.1 individuals per 100,000 in
22the general population; and



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1    WHEREAS, The majority of other states have significantly
2reduced their utilization of large state-operated facilities;
3in order for Illinois to achieve parity with the national
4average by 2017, Illinois would need to serve an average of
58.9% fewer individuals in SODCs annually; and
6    WHEREAS, As long as the State continues to perpetuate short
7term measures to address crises in the system, in the long
8term, Illinois will perpetuate its inability to serve the
9growing number of individuals with developmental disabilities
10who are not currently receiving services; and
11    WHEREAS, The total budget for all services across all
12settings for persons with developmental disabilities falls far
13short of what is needed for a quality service system; and
14    WHEREAS, The Illinois Department of Human Services'
15Division of Developmental Disabilities (Division) developed
16and released its Strategic Plan for Fiscal Years 2011-2017 in
17July 2010 which aims to substantively re-orient Division
18priorities and resources to support a truly person-centered
19system of services for which there is a popular mandate;
20therefore, be it



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2CONCURRING HEREIN, that in alignment with the Division's 7-year
3Strategic Plan (Plan) all children and adults with
4developmental disabilities living in Illinois will receive
5high quality services guided by a person-centered plan that
6maximizes individual choice and flexibility in the most
7integrated setting possible regardless of intensity or
8severity of need; and be it further
9    RESOLVED, That, taking into account the resources
10available to the State, the Plan's progress will be measured by
11how it increasingly and judiciously provides that Illinois
12citizens with developmental disabilities, including both those
13currently served and those awaiting services (as determined by
14Prioritization of Urgency of Need for Services (PUNS)), are
15served in the most integrated setting consistent with the
16protections under Olmstead; and be it further
17    RESOLVED, That Illinois will implement at least one new,
18outcome-based model for service delivery that improves the
19coordination and integration of habilitation, social, and
20clinical care for people with developmental disabilities; and
21be it further
22    RESOLVED, That the number of individuals living in the most
23integrated settings will achieve parity with the national



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1utilization rates so that more individuals will live in
2settings of 6 or less; fewer individuals will live in private
3ICFs/DD; and fewer individuals will live in SODCs; and be it
5    RESOLVED, That in order to ensure positive outcomes for all
6persons, Illinois will work to achieve parity with the average
7national rate of funding for developmental disability
8services, in order to achieve the goals set forth by the
9Division's 7-year Strategic Plan; and be it further
10    RESOLVED, That more individuals with developmental
11disabilities will receive integrated employment services to
12achieve parity with the national utilization rates; and be it
14    RESOLVED, That the number of people receiving
15Medicaid-funded Home and Community Based Services (HCBS) will
16achieve parity with national utilization rates; and be it
18    RESOLVED, That the disparity between wages paid to State of
19Illinois employees and community-based direct service
20professionals will be reduced; and be it further
21    RESOLVED, That Illinois will seek to provide funding for an



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1annual cost-of-living increase for community-based direct
2service employees in order to ensure that these workers receive
3a fair wage that allows them to support their families; and be
4it further
5    RESOLVED, That the Division will develop a comprehensive,
6integrated data management system that captures, aggregates,
7and analyzes data from various sources, allowing timely
8analysis of service processes and outcomes; and be it further
9    RESOLVED, That persons with developmental disabilities and
10their families and guardians will be actively involved in
11policy discussions and will be respected as partners in the
12process, making informed choices and decisions in order to
13support productive and fulfilling lives; and be it further
14    RESOLVED, That the State of Illinois recognizes that home
15and community providers are a vital part of healthy communities
16and are counted on by individuals and families and the State to
17support their goals and therefore should be listened to and
18respected; and be it further
19    RESOLVED, That the allocation of resources to support
20people with developmental disabilities will accurately reflect
21service demand and be a priority at all levels of government
22and for the citizens of Illinois and that funding for



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1developmental disabilities services will be realigned to
2reflect the Strategic Priorities and benchmarks identified in
3the Division's 7-year Strategic Plan; and be it further
4    RESOLVED, That future budgets shall take into
5consideration the steps necessary to achieve the plans laid out
6in this joint resolution; and be it further
7    RESOLVED, That copies of this Resolution be sent to the
8Governor, the Secretary of the Department of Human Services,
9the Director of the Governor's Office of Management and Budget,
10and all members of the General Assembly.".