State of Illinois
92nd General Assembly

   [ Search ]   [ PDF text ]   [ Legislation ]   
[ Home ]   [ Back ]   [ Bottom ]



 1                       HOUSE JOINT RESOLUTION

 2        WHEREAS, In Olmstead vs. L.C. ex rel. Zimring, 119 S. Ct.
 3    2176 (1999), the Supreme  Court  affirmed  that  a  state  is
 4    obliged  to provide community-based services and supports for
 5    individuals with disabilities who have been  recommended  for
 6    community  placement  by  a  state's  treatment professional,
 7    choose to be served in the community, and would otherwise  be
 8    served in a state institution; and

 9        WHEREAS,  The  implication  of the Olmstead Decision is a
10    fundamental alteration in the  state's  delivery  system  for
11    persons   with   disabilities,  requiring  the  expansion  of
12    services and supports at the  community  level  to  integrate
13    more  persons  with disabilities in community-based settings;
14    and

15        WHEREAS,  In  fulfilling   the   responsibilities   under
16    Olmstead,  the  State must coordinate the necessary financial
17    resources to expand these community-based services, including
18    identifying other  financial  resources  outside  of  General
19    Revenue Funds; and

20        WHEREAS, In further fulfilling the responsibilities under
21    Olmstead  by  addressing the interagency barriers to services
22    and supports for all persons with  disabilities,  a  cohesive
23    and  strategic  direction must be established by the Governor
24    and all State agencies that offer services  and  supports  to
25    persons  with  disabilities  that  maximizes  the  use of all
26    sources of funding at the State, federal, and  local  levels;
27    and

28        WHEREAS,  Federal  funding opportunities play an integral
29    role in providing states with additional financial  resources
30    to maintain and expand services and supports for persons with
31    disabilities; and
                            -2-               LRB9216689DJmgA
 1        WHEREAS,  The  Home  and  Community Based Services (HCBS)
 2    Waiver, first authorized by Congress in  1981,  continues  to
 3    play a larger role in permitting innovation in the states due
 4    to the increasing flexibility of the Centers for Medicare and
 5    Medicaid  Services  (CMS) and an increasing nationwide effort
 6    to utilize currently unmatched state and local funds to  draw
 7    down additional federal HCBS Waiver revenue; and

 8        WHEREAS,   The  Olmstead  Decision  has  also  stimulated
 9    increased utilization of the Waiver to finance community long
10    term care supports; and

11        WHEREAS, Illinois has the capacity to leverage  unmatched
12    State  funds to capture more federal financial participation,
13    thereby improving on its current ranking of 48th  in  federal
14    waiver spending per capita; and

15        WHEREAS,  In  FY00,  Illinois captured an average of only
16    $6.15 in federal funding per capita, and federal-state waiver
17    spending represented only 13% of total  spending;  therefore,
18    be it

21    SENATE  CONCURRING HEREIN, that we support the efforts of the
22    State's  developmental  disabilities  council,  the  Illinois
23    Council on Developmental  Disabilities,  in  its  support  of
24    activities that lead to a re-design of the system of services
25    and  supports for all persons with developmental disabilities
26    and urge the Council to conduct activities that  address  the
27    following goals:
28        (1)  identify  ways  in  which  the State of Illinois can
29    increase  its  ability  to  capture  more  federal  financial
30    participation (FFP), as  well  as  maximize  other  financial
31    resources  to  fund  services  and  supports for persons with
32    disabilities;
                            -3-               LRB9216689DJmgA
 1        (2) identify ways in which  the  State  of  Illinois  can
 2    increase  the  flexibility  in  how  that  federal  financial
 3    participation is utilized; and
 4        (3)  identify  ways  in  which  the State of Illinois can
 5    direct  more  federal  financial  participation  toward   the
 6    expansion   of  community-based  services  and  supports  for
 7    persons with disabilities; and be it further

 8        RESOLVED, That a copy of this Resolution be forwarded  to
 9    the  chairperson  of  the  Illinois  Council on Developmental
10    Disabilities.

[ Top ]