Full Text of SJR0131 96th General Assembly
SJ0131 96TH GENERAL ASSEMBLY |
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| 1 | | SENATE JOINT RESOLUTION
| 2 | | 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
| 9 | | WHEREAS, Almost 10 years after the Olmstead decision, a | 10 | | report titled "The State of the States in Disabilities 2008" by | 11 | | the Department of Psychiatry and Coleman Institute for | 12 | | Cognitive Disabilities of the University of Colorado ranks the | 13 | | State of Illinois 40th nationally in fiscal effort for services | 14 | | for individuals with developmental disabilities, including all | 15 | | home based programs, group home, and congregate care; 43rd in | 16 | | State fiscal effort for community services; 47th in home and | 17 | | community-based waiver spending per capita; and 51st in serving | 18 | | persons with developmental disabilities in environments of 6 or | 19 | | less; and
| 20 | | WHEREAS, The State has not adequately invested funding for | 21 | | home and community-based services for individuals with | 22 | | developmental disabilities, and has cut funding for those | 23 | | services in the past 3 State fiscal year budgets; and
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| 1 | | WHEREAS, Funding for home and community-based services | 2 | | does not currently meet the cost of providing those services | 3 | | and supports due to inflationary pressures, increased | 4 | | personnel costs, mandated increases in minimum wage, rising | 5 | | health insurance costs, and the increased cost of doing | 6 | | business with vendors; and
| 7 | | WHEREAS, "Person-centered" means that services and | 8 | | supports are identified and authorized to address the specific | 9 | | needs of each person as a result of an individualized | 10 | | assessment and through a person-centered planning process; and | 11 | | WHEREAS, Illinois has a disproportionate number of | 12 | | Illinois citizens with developmental disabilities who are | 13 | | served in State-operated developmental centers (SODCs); and | 14 | | WHEREAS, Illinois lags substantially behind nearly all | 15 | | other states in fostering the provision of services in the most | 16 | | integrated setting; the Illinois utilization rate for SODC | 17 | | services in 2009 was 18.0 individuals per 100,000 persons in | 18 | | the general population; the nationwide utilization rate in 2009 | 19 | | was 11.1 individuals per 100,000 in the general population; and | 20 | | WHEREAS, The majority of other states have significantly | 21 | | reduced their utilization of large state-operated facilities; |
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| 1 | | in order for Illinois to achieve parity with the national | 2 | | average by 2017, Illinois would need to serve an average of | 3 | | 8.9% fewer individuals in SODCs annually; and | 4 | | WHEREAS, As long as the State continues to perpetuate short | 5 | | term measures to address crises in the system, in the long | 6 | | term, Illinois will perpetuate its inability to serve the | 7 | | growing number of individuals with developmental disabilities | 8 | | who are not currently receiving services; and | 9 | | WHEREAS, If such underfunding is allowed to continue, the | 10 | | community-based system will continue to be fragmented and will | 11 | | be unable to respond to the intention of Olmstead and the | 12 | | preservation of choice for individuals with developmental | 13 | | disabilities on the services they may receive and where they | 14 | | choose to receive them; and
| 15 | | WHEREAS, The Illinois Department of Human Services' | 16 | | Division of Developmental Disabilities (Division) developed | 17 | | and released its Strategic Plan for Fiscal Years 2011-2017 in | 18 | | July 2010 which aims to substantively reorient Division | 19 | | priorities and resources to support a truly person-centered | 20 | | system of services for which there is a popular mandate; | 21 | | therefore, be it
| 22 | | RESOLVED, BY THE SENATE OF THE NINETY-SIXTH GENERAL |
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| 1 | | ASSEMBLY OF THE STATE OF ILLINOIS, THE HOUSE OF REPRESENTATIVES | 2 | | CONCURRING HEREIN, that in alignment with the Division's 7-year | 3 | | Strategic Plan, all children and adults with developmental | 4 | | disabilities living in Illinois will receive high quality | 5 | | services guided by a person-centered plan that maximizes | 6 | | individual choice and flexibility in the most integrated | 7 | | setting possible regardless of intensity or severity of need; | 8 | | and be it further
| 9 | | RESOLVED, That Illinois will implement at least one new, | 10 | | outcome-based model for service delivery that improves the | 11 | | coordination and integration of habilitation, social, and | 12 | | clinical care for people with developmental disabilities; and | 13 | | be it further | 14 | | RESOLVED, That the number of individuals living in the most | 15 | | integrated settings will achieve parity with the national | 16 | | utilization rates so that more individuals will live in | 17 | | settings of 6 or less; fewer individuals will live in private | 18 | | intermediate care facilities for individuals with | 19 | | developmental disabilities; and fewer individuals will live in | 20 | | SODCs; and be it further | 21 | | RESOLVED, That more individuals with developmental | 22 | | disabilities will receive integrated employment services to | 23 | | achieve parity with the national utilization rates; and be it |
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| 1 | | further | 2 | | RESOLVED, That the number of people receiving | 3 | | Medicaid-funded Home and Community Based Services (HCBS) will | 4 | | achieve parity with national utilization rates; and be it | 5 | | further | 6 | | RESOLVED, That the disparity between wages paid to State of | 7 | | Illinois employees and community-based direct service | 8 | | professionals will be reduced; and be it further | 9 | | RESOLVED, That the Division will develop a comprehensive, | 10 | | integrated data management system that captures, aggregates, | 11 | | and analyzes data from various sources, allowing timely | 12 | | analysis of service processes and outcomes; and be it further | 13 | | RESOLVED, That persons with developmental disabilities are | 14 | | linked to the services that best meet
their needs and to | 15 | | promote that linkage there must be an effective service | 16 | | coordination system that is available to all regardless of | 17 | | geographic or network boundaries and available to support | 18 | | individuals and families as they choose; and be it further | 19 | | RESOLVED, That Illinois will adopt a budgeting strategy | 20 | | between all human service departments that allows truly | 21 | | effective utilization of resources to meet the needs of |
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| 1 | | individuals regardless of their age, place of residence, or | 2 | | behavioral or health needs and provides for crisis prevention | 3 | | and intervention supports that keep people successfully living | 4 | | in the community; and be it further | 5 | | RESOLVED, That persons with developmental disabilities | 6 | | will be actively involved in policy discussions and will be | 7 | | respected as partners in the process, making informed choices | 8 | | and decisions in order to support productive and fulfilling | 9 | | lives; and be it further | 10 | | RESOLVED, That families and guardians will be listened to | 11 | | and respected, and the State of Illinois will strive to earn | 12 | | and keep their trust along with the trust of the public; and be | 13 | | it further | 14 | | RESOLVED, That the State of Illinois recognizes that home | 15 | | and community providers are a vital part of healthy communities | 16 | | and are counted on by individuals and families and the State to | 17 | | support their goals and therefore should be listened to and | 18 | | respected; and be it further | 19 | | RESOLVED, That the allocation of resources to support | 20 | | people with developmental disabilities will accurately reflect | 21 | | service demand and be a priority at all levels of government | 22 | | and for the citizens of Illinois and that funding for |
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| 1 | | developmental disabilities services will be realigned to | 2 | | reflect the strategic priorities and benchmarks identified in | 3 | | the Division's 7-year Strategic Plan; and be it further | 4 | | RESOLVED, That future budgets shall take into | 5 | | consideration the steps necessary to achieve the plans laid out | 6 | | in this joint resolution; and be it further | 7 | | RESOLVED, That copies of this Resolution be sent to the | 8 | | Governor, the Secretary of the Department of Human Services, | 9 | | the Director of the Governor's Office of Management and Budget, | 10 | | and all members of the General Assembly.
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