Bill Text: IL HJR0028 | 2009-2010 | 96th General Assembly | Introduced
NOTE: There are more recent revisions of this legislation. Read Latest Draft
Bill Title: Resolves that the Department of Human Services, Division of Developmental Disabilities, shall develop a 7-year Plan with yearly benchmarks to enhance and expand access to quality community services and supports, by December 1, 2009.
Spectrum: Bipartisan Bill
Status: (Passed) 2009-10-29 - Adopted Both Houses [HJR0028 Detail]
Download: Illinois-2009-HJR0028-Introduced.html
Bill Title: Resolves that the Department of Human Services, Division of Developmental Disabilities, shall develop a 7-year Plan with yearly benchmarks to enhance and expand access to quality community services and supports, by December 1, 2009.
Spectrum: Bipartisan Bill
Status: (Passed) 2009-10-29 - Adopted Both Houses [HJR0028 Detail]
Download: Illinois-2009-HJR0028-Introduced.html
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1 | HOUSE JOINT RESOLUTION
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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
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9 | WHEREAS, Many individuals with developmental disabilities | ||||||
10 | in Illinois who desire home or community-based residential | ||||||
11 | services are unable to obtain them due to the lack of funding | ||||||
12 | for such options; and
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13 | WHEREAS, As a result of insufficient home and | ||||||
14 | community-based service options for individuals with | ||||||
15 | developmental disabilities in Illinois, many individuals and | ||||||
16 | their families must choose between living with their parents or | ||||||
17 | other family members without the supports and services they | ||||||
18 | need, or living in a State-operated developmental center or | ||||||
19 | another institution, even if they could live successfully in a | ||||||
20 | less restrictive setting with appropriate supports and | ||||||
21 | services; and
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22 | WHEREAS, There are now over 16,000 individuals with |
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1 | developmental disabilities in Illinois with documented crisis, | ||||||
2 | emerging crisis, or future service needs who are on the | ||||||
3 | Department of Human Services' Priority of Urgency of Need of | ||||||
4 | Services (PUNS) waiting list database for services and | ||||||
5 | supports, and the need is probably greater because this number | ||||||
6 | only represents those individuals who have actually signed up | ||||||
7 | for the PUNS waiting list database; and
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8 | WHEREAS, Almost 10 years after the Olmstead decision, a | ||||||
9 | report titled "The State of the States in Disabilities 2008" by | ||||||
10 | the Department of Psychiatry and Coleman Institute for | ||||||
11 | Cognitive Disabilities of the University of Colorado ranks the | ||||||
12 | State of Illinois 51st in the nation in terms of making small | ||||||
13 | community living arrangements (6 residents or fewer) available | ||||||
14 | to individuals with developmental disabilities; and
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15 | WHEREAS, The State of Illinois ranks near the very bottom | ||||||
16 | both nationally and among the other Midwest states in per | ||||||
17 | capita spending for home and community-based supports and | ||||||
18 | services for individuals with developmental disabilities; and
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19 | WHEREAS, Other studies, including but not limited to, | ||||||
20 | "State Funding of Community Agencies for Services to Illinois | ||||||
21 | Residents with Mental Illness and/or Developmental | ||||||
22 | Disabilities: Final Report to the Illinois General Assembly" | ||||||
23 | and "The Report of the Community Integrated Living Arrangement |
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1 | Nursing Services Work Group" address the issues with the | ||||||
2 | Illinois system; and
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3 | WHEREAS, "The Blueprint for System Redesign in Illinois" | ||||||
4 | reviewed the findings of these studies as well as the results | ||||||
5 | of a gaps analysis and created a framework for restructuring | ||||||
6 | the current service system for people with developmental | ||||||
7 | disabilities and their families; and
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8 | WHEREAS, These studies and numerous legislative measures | ||||||
9 | and lawsuits over the last decade have attempted to address the | ||||||
10 | shortcomings of Illinois' fragmented and inadequate system of | ||||||
11 | services and supports to individuals with developmental | ||||||
12 | disabilities; and
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13 | WHEREAS, The level of need and corresponding cost for | ||||||
14 | providing supports and services for individuals with | ||||||
15 | developmental disabilities in Illinois will continue to | ||||||
16 | outpace significantly the State's ability to fund services | ||||||
17 | appropriately and effectively unless major systemic fiscal and | ||||||
18 | policy changes are made to the service delivery system; and
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19 | WHEREAS, Until the State breaks the cycle of underfunding | ||||||
20 | and lack of significant growth of home and community-based | ||||||
21 | services and supports for people with developmental | ||||||
22 | disabilities and their families which perpetuates short term |
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1 | measures to address crises in the system and which, in the long | ||||||
2 | term, has maintained and fostered the competition among many | ||||||
3 | for scarce public resources; the community-based system will | ||||||
4 | continue to be fragmented and inadequately funded; therefore, | ||||||
5 | be it
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6 | RESOLVED, BY THE HOUSE OF REPRESENTATIVES OF THE | ||||||
7 | NINETY-SIXTH GENERAL ASSEMBLY OF THE STATE OF ILLINOIS, THE | ||||||
8 | SENATE CONCURRING HEREIN, that the Department of Human | ||||||
9 | Services, Division of Developmental Disabilities, shall | ||||||
10 | develop a 7-year Plan with yearly benchmarks to enhance and | ||||||
11 | expand access to quality community services and supports as | ||||||
12 | described in the recommendations of the "Blueprint for System | ||||||
13 | Redesign" (January 2008) and other reports that have been done, | ||||||
14 | by December 1, 2009; and be it further
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15 | RESOLVED, That any increase in the resources available to | ||||||
16 | the Department shall be appropriated to services and supports | ||||||
17 | consistent with the action steps in the Plan considering, but | ||||||
18 | not limited to, funding incentives, identifying new revenue | ||||||
19 | sources, maximizing current revenue sources, creating | ||||||
20 | opportunities for capacity building and new rate methodologies | ||||||
21 | that enhance quality service and quality assurance, crisis | ||||||
22 | intervention and workforce development; and be it further
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23 | RESOLVED, That the Secretary of Human Services shall |
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1 | provide an annual report on the implementation of the Plan to | ||||||
2 | the Governor and to each member of the General Assembly by not | ||||||
3 | later than July 1st of each year and interim progress reports | ||||||
4 | to the Governor and to the members of the General Assembly not | ||||||
5 | later than December 31st of each year until the plan is fully | ||||||
6 | implemented; and be it further
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7 | RESOLVED, That appropriate committees of the House of | ||||||
8 | Representatives and the Senate shall convene at least one | ||||||
9 | hearing not later than July 1st of each year on the subject of | ||||||
10 | the Plan; and be it further
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11 | RESOLVED, That copies of this Resolution be sent to the | ||||||
12 | Governor, the Secretary of the Department of Human Services, | ||||||
13 | the Director of the Governor's Office of Management and Budget, | ||||||
14 | and all members of the General Assembly.
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