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HJ0028 |
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LRB096 11713 DRJ 22427 r |
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| HOUSE JOINT RESOLUTION
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| WHEREAS, The United States Supreme Court in Olmstead v. |
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| L.C. Ex Rel. Zimring, 119 S. Ct. 2176 (1999), held that the |
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| unjustifiable institutionalization of a person with a |
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| disability who could live in the community with appropriate |
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| supports and services, and wishes to do so, is unlawful |
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| discrimination in violation of the Americans with Disabilities |
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| Act (ADA); and
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| WHEREAS, Many individuals with developmental disabilities |
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| in Illinois who desire home or community-based residential |
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| services are unable to obtain them due to the lack of funding |
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| for such options; and
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| WHEREAS, As a result of insufficient home and |
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| community-based service options for individuals with |
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| developmental disabilities in Illinois, many individuals and |
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| their families must choose between living with their parents or |
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| other family members without the supports and services they |
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| need, or living in a State-operated developmental center or |
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| another institution, even if they could live successfully in a |
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| less restrictive setting with appropriate supports and |
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| services; and
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| WHEREAS, There are now over 16,000 individuals with |
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HJ0028 |
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LRB096 11713 DRJ 22427 r |
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| developmental disabilities in Illinois with documented crisis, |
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| emerging crisis, or future service needs who are on the |
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| Department of Human Services' Priority of Urgency of Need of |
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| Services (PUNS) waiting list database for services and |
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| supports, and the need is probably greater because this number |
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| only represents those individuals who have actually signed up |
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| for the PUNS waiting list database; and
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| WHEREAS, Almost 10 years after the Olmstead decision, a |
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| report titled "The State of the States in Disabilities 2008" by |
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| the Department of Psychiatry and Coleman Institute for |
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| Cognitive Disabilities of the University of Colorado ranks the |
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| State of Illinois 51st in the nation in terms of making small |
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| community living arrangements (6 residents or fewer) available |
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| to individuals with developmental disabilities; and
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| WHEREAS, The State of Illinois ranks near the very bottom |
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| both nationally and among the other Midwest states in per |
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| capita spending for home and community-based supports and |
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| services for individuals with developmental disabilities; and
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| WHEREAS, Other studies, including but not limited to, |
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| "State Funding of Community Agencies for Services to Illinois |
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| Residents with Mental Illness and/or Developmental |
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| Disabilities: Final Report to the Illinois General Assembly" |
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| and "The Report of the Community Integrated Living Arrangement |
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HJ0028 |
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LRB096 11713 DRJ 22427 r |
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| Nursing Services Work Group" address the issues with the |
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| Illinois system; and
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| WHEREAS, "The Blueprint for System Redesign in Illinois" |
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| reviewed the findings of these studies as well as the results |
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| of a gaps analysis and created a framework for restructuring |
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| the current service system for people with developmental |
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| disabilities and their families; and
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| WHEREAS, These studies and numerous legislative measures |
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| and lawsuits over the last decade have attempted to address the |
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| shortcomings of Illinois' fragmented and inadequate system of |
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| services and supports to individuals with developmental |
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| disabilities; and
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| WHEREAS, The level of need and corresponding cost for |
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| providing supports and services for individuals with |
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| developmental disabilities in Illinois will continue to |
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| outpace significantly the State's ability to fund services |
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| appropriately and effectively unless major systemic fiscal and |
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| policy changes are made to the service delivery system; and
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| WHEREAS, Until the State breaks the cycle of underfunding |
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| and lack of significant growth of home and community-based |
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| services and supports for people with developmental |
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| disabilities and their families which perpetuates short term |
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HJ0028 |
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LRB096 11713 DRJ 22427 r |
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| measures to address crises in the system and which, in the long |
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| term, has maintained and fostered the competition among many |
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| for scarce public resources; the community-based system will |
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| continue to be fragmented and inadequately funded; therefore, |
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| be it
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| RESOLVED, BY THE HOUSE OF REPRESENTATIVES OF THE |
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| NINETY-SIXTH GENERAL ASSEMBLY OF THE STATE OF ILLINOIS, THE |
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| SENATE CONCURRING HEREIN, that the Department of Human |
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| Services, Division of Developmental Disabilities, shall |
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| develop a 7-year Plan with yearly benchmarks to enhance and |
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| expand access to quality community services and supports as |
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| described in the recommendations of the "Blueprint for System |
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| Redesign" (January 2008) and other reports that have been done, |
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| by December 1, 2009; and be it further
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| RESOLVED, That any increase in the resources available to |
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| the Department shall be appropriated to services and supports |
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| consistent with the action steps in the Plan considering, but |
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| not limited to, funding incentives, identifying new revenue |
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| sources, maximizing current revenue sources, creating |
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| opportunities for capacity building and new rate methodologies |
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| that enhance quality service and quality assurance, crisis |
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| intervention and workforce development; and be it further
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| RESOLVED, That the Secretary of Human Services shall |
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HJ0028 |
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LRB096 11713 DRJ 22427 r |
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| provide an annual report on the implementation of the Plan to |
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| the Governor and to each member of the General Assembly by not |
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| later than July 1st of each year and interim progress reports |
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| to the Governor and to the members of the General Assembly not |
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| later than December 31st of each year until the plan is fully |
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| implemented; and be it further
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| RESOLVED, That appropriate committees of the House of |
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| Representatives and the Senate shall convene at least one |
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| hearing not later than July 1st of each year on the subject of |
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| the Plan; and be it further
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| RESOLVED, That copies of this Resolution be sent to the |
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| Governor, the Secretary of the Department of Human Services, |
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| the Director of the Governor's Office of Management and Budget, |
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| and all members of the General Assembly.
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