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92_HR0852 LRB9216722DJmb 1 HOUSE 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- LRB9216722DJmb 1 must be analyzed in the broader context of the current fiscal 2 condition of the State; therefore, be it 3 RESOLVED, BY THE HOUSE OF REPRESENTATIVES OF THE 4 NINETY-SECOND GENERAL ASSEMBLY OF THE STATE OF ILLINOIS, that 5 the Secretary of 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.