Bill Text: IL HJR0028 | 2009-2010 | 96th General Assembly | Engrossed
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-Engrossed.html
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1 | HOUSE JOINT RESOLUTION 28
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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
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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 an Intermediate Care Facility, or an | ||||||
19 | Intermediate Care Facility/DD 15 and under, or a State-operated | ||||||
20 | developmental center, even if they could live successfully in a | ||||||
21 | less restrictive setting with appropriate supports and | ||||||
22 | services; and
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1 | WHEREAS, There are now over 16,000 individuals with | ||||||
2 | developmental disabilities in Illinois with documented crisis, | ||||||
3 | emerging crisis, or future service needs who are on the | ||||||
4 | Department of Human Services' Priority of Urgency of Need of | ||||||
5 | Services (PUNS) waiting list database for services and
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6 | supports, and the need is probably greater because this number | ||||||
7 | only represents those individuals who have actually signed up | ||||||
8 | for the PUNS waiting list database; and
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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 | programs - home based, 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 | people with developmental disabilities in environments of 6 or | ||||||
19 | less; and
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20 | WHEREAS, Other studies, including but not limited to, | ||||||
21 | "State Funding of Community Agencies for Services to Illinois | ||||||
22 | Residents with Mental Illness and/or Developmental | ||||||
23 | Disabilities: Final Report to the Illinois General Assembly", | ||||||
24 | "The Report of the Community Integrated Living Arrangement |
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1 | Nursing Services Work Group", and "The Illinois Direct Support | ||||||
2 | Professional Workforce Initiative" address the issues with the | ||||||
3 | Illinois system; and
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4 | WHEREAS, "The Blueprint for System Redesign in Illinois" | ||||||
5 | reviewed the findings of these studies as well as the results | ||||||
6 | of a gaps analysis and created a framework for restructuring | ||||||
7 | the current service system for people with developmental | ||||||
8 | disabilities and their families; and
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9 | WHEREAS, These studies and numerous legislative measures | ||||||
10 | and lawsuits over the last decade have attempted to address the | ||||||
11 | shortcomings of Illinois' fragmented and inadequate system of
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12 | services and supports to individuals with developmental | ||||||
13 | disabilities; and
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14 | WHEREAS, In order to meet the urgent need for quality home | ||||||
15 | and community-based services in Illinois, major systemic | ||||||
16 | fiscal and policy changes are necessary and must be a real | ||||||
17 | priority for the State; and
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18 | WHEREAS, The workers who provide direct support in the | ||||||
19 | community to individuals with developmental disabilities | ||||||
20 | should be paid fair and adequate wages; and
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21 | WHEREAS, Until the State breaks the cycle of underfunding |
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1 | and lack of significant growth of home and community-based | ||||||
2 | services and supports for people with developmental | ||||||
3 | disabilities and their families which perpetuates short term | ||||||
4 | measures to address crises in the system and which, in the long | ||||||
5 | term, has maintained and fostered the competition among many | ||||||
6 | for scarce public resources; the community-based system will | ||||||
7 | continue to be fragmented and inadequately funded; therefore, | ||||||
8 | be it
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9 | RESOLVED, BY THE HOUSE OF REPRESENTATIVES OF THE | ||||||
10 | NINETY-SIXTH GENERAL ASSEMBLY OF THE STATE OF ILLINOIS, THE | ||||||
11 | SENATE CONCURRING HEREIN, that the Department of Human | ||||||
12 | Services, Division of Developmental Disabilities, shall | ||||||
13 | develop a 7-year Plan with yearly benchmarks to enhance and | ||||||
14 | expand access to quality community services and supports as | ||||||
15 | informed by the "Blueprint for System Redesign" (January 2008), | ||||||
16 | "State Funding of Community Agencies for Services to Illinois | ||||||
17 | Residents with Mental Illness and/or Developmental | ||||||
18 | Disabilities: Final Report to the Illinois General Assembly", | ||||||
19 | "The Report of the Community Integrated Living Arrangement | ||||||
20 | Nursing Services Work Group", and "The Illinois Direct Support | ||||||
21 | Professional Workforce Initiative" by December 1, 2009; and be | ||||||
22 | it further
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23 | RESOLVED, That increases in the resources available to the | ||||||
24 | Department shall be appropriated to services and supports |
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1 | consistent with the Benchmarks of the 7-year Plan considering | ||||||
2 | factors including, but not limited to, fair and adequate wages | ||||||
3 | and benefits for Direct Support Professionals, funding | ||||||
4 | incentives, identifying new revenue sources, maximizing | ||||||
5 | current revenue sources, creating opportunities for capacity | ||||||
6 | building, and new rate methodologies that enhance quality | ||||||
7 | service and quality assurance, crisis intervention, and | ||||||
8 | workforce development; and be it further
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9 | RESOLVED, That the Secretary of Human Services shall | ||||||
10 | provide an annual report on the implementation of the Plan, | ||||||
11 | including a year-by-year fiscal impact statement on each aspect | ||||||
12 | of the Plan, to the Governor and to each member of the General | ||||||
13 | Assembly by not later than July 1st of each year and interim | ||||||
14 | progress reports to the Governor and to the members of the | ||||||
15 | General Assembly not later than December 31st of each year | ||||||
16 | until the plan is fully implemented; and be it further
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17 | RESOLVED, That appropriate committees of the House of | ||||||
18 | Representatives and the Senate shall convene at least one | ||||||
19 | hearing not later than July 1st of each year on the subject of | ||||||
20 | the Plan; and be it further
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21 | RESOLVED, That copies of this Resolution be sent to the | ||||||
22 | Governor, the Secretary of the Department of Human Services, | ||||||
23 | the Director of the Governor's Office of Management and Budget, |
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1 | and all members of the General Assembly.
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