State of Illinois
92nd General Assembly

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 1                          SENATE 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-               LRB9216654DJmbA
 1    must be analyzed in the broader context of the current fiscal
 2    condition of the State; therefore, be it

 4    ASSEMBLY  OF  THE  STATE  OF  ILLINOIS, that the Secretary of
 5    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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