State of Illinois
92nd General Assembly
Legislation

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92_HR0852

 
                                               LRB9216722DJmb

 1                          HOUSE RESOLUTION

 2        WHEREAS,  The  Community  Integrated  Living  Arrangement
 3    ("CILA") is a small residential model  that  houses  no  more
 4    than  eight  individuals  and  offers  supports  designed  to
 5    address  the  individual  needs of persons with disabilities;
 6    and

 7        WHEREAS, CILA is the recommended option  for  individuals
 8    who are discharged from State-operated developmental centers;
 9    and

10        WHEREAS,  Today  more  than 7,400 Illinois residents with
11    developmental disabilities live in CILAs; and

12        WHEREAS, The United States Supreme Court in  Olmstead  v.
13    L.C.  Ex  rel.  Zimring, 119 S.Ct. 2176 (1999), held that the
14    unjustifiable  institutionalization  of  a  person   with   a
15    disability  who  is  capable  of living in the community with
16    proper supports, and wishes to do  so,  constitutes  unlawful
17    discrimination   in   violation   of   the   Americans   with
18    Disabilities Act (ADA); and

19        WHEREAS,  Availability of CILA placements for individuals
20    with disabilities advances the State's efforts to comply with
21    the ADA and the Court's holding in Olmstead; and

22        WHEREAS,  The  Illinois  Department  of  Human   Services
23    ("Department")  has  converted  many of its grant-in-aid CILA
24    programs to a fee-for-service model beginning in State Fiscal
25    Year 2002; and

26        WHEREAS,  The  CILA  rate  model  and  the  CILA  payment
27    methodology utilized by the Department affects the  type  and
28    availability  of  CILA placements for Illinois residents with
29    developmental disabilities; and

30        WHEREAS, The CILA rate model and CILA payment methodology
 
                            -2-                LRB9216722DJmb
 1    must be analyzed in the broader context of the current fiscal
 2    condition of the State; therefore, be it

 3        RESOLVED,  BY  THE  HOUSE  OF  REPRESENTATIVES   OF   THE
 4    NINETY-SECOND GENERAL ASSEMBLY OF THE STATE OF ILLINOIS, that
 5    the Secretary of Human Services is directed to:
 6        (1)  Meet  and  work with agencies providing CILAs in the
 7    State  of  Illinois  and  associations   representing   those
 8    agencies  to  review  the current CILA rate model and payment
 9    methodology, with particular attention paid to  whether  100%
10    of  the  actual  costs  of delivering CILA services are being
11    met, including staff compensation, benefits, staffing levels,
12    workers compensation, physical plant maintenance and repairs,
13    and  delivering  services  to  individuals  with  challenging
14    behaviors or extraordinary medical needs;
15        (2)  Determine the impact of the current CILA rate  model
16    and  payment  methodology  on  the  ability  of  the State to
17    implement the "most integrated setting" requirements  of  the
18    ADA and the holding in Olmstead; and
19        (3)  File   a   written   report   with   the   House  of
20    Representatives and the Senate on or before December 1, 2002,
21    that includes a summary of the actions taken pursuant to this
22    Resolution and specific recommendations as to whether and how
23    the  CILA  rate  model  and  payment  methodology  should  be
24    updated; and be it further

25        RESOLVED, That a copy of this Resolution be sent  to  the
26    Secretary of Human Services.

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