Olmstead Status: Illinois

Illinois

Task Force

The State Interagency Team released its "Community Living and Disabilities Plan" in April 2002. The plan established a framework to achieve greater integration of people with disabilities into the community. Throughout implementation of this plan, Illinois will continue to rely on the experience and recommendations of stakeholders. The plan can be located at: http://www.dhs.state.il.us/projectsInitiatives/Olmstead.

The State Interagency Team, which oversees the implementation of the plan, consists of staff from the Department of Human Services' (DHS) offices of Developmental Disabilities, Mental Health, Rehabilitation Services, Child Care and Family Services, and Clinical Administrative and Program Support and representation from the Illinois Department of Public Aid and the Illinois Department of Aging. The governor, through Executive Order Number 7 (2002), appointed the Illinois Disabilities Advisory Committee to monitor the progress of the plan.

The Plan

The plan is the result of collaboration between the stakeholders who participated in the two-year Olmstead planning process: consumers, family members, and service providers and state agencies, including the Department of Human Services, the Department of Public Aid, the Illinois Housing Development Authority and the Governor's Office. The DHS Olmstead Office has coordinated the involvement of the state agencies that participated in the planning process. It will continue to assist with activities in regard to community living and Olmstead-related issues. The executive order is online at: http://wwww.state.il.us/gov/done/execorder7.cfm

The Plan includes strategies from six different agencies. These are DHS Office of Developmental Disabilities; DHS Office of Mental Health; DHS Office of Rehabilitation Services; Department of Aging; Illinois Housing Development Authority; and Department of Public Aid.

Office of Developmental Disabilities

List of recommended priorities:

Pre-Admission Screening - Universal pre-post screening which includes education of families regarding community-based services.

Community Waiver Programs - Increased funding for community-based programs and services; housing integration; and community-based coordination of care will be available for people with disabilities, their guardians and families who choose this mechanism.

Home-Based Support Program - Increased funding for community-based programs and services.

State-Operated Developmental Centers - Implement "most integrated setting" mandate of the Americans with Disabilities Act and use consumer controlled community-based services as the remedy of choice.

Nursing Homes (Bogard Lawsuit) - Development and improvement of community reintegration resources and services, including more than one chance for successful reintegration.

Direct Care Staff Wages - Increase by $1 per hour.

Private ICF/MR Transfers - Remove institutional bias from state funding, statutes, regulations and policies.

Office of Mental Health

List of recommended priorities:

Changes in Funding - Increased funding for community-based programs and services; money must follow the individual.

Changes in Screening and Discharge Activities - Universal pre-post screening, which includes education of families regarding community-based services; implement "most integrated setting" mandate of the Americans with Disabilities Act; educate facilities and treatment professionals regarding Olmstead and community resources and options to consumers.

Changes in Available Services - Development and improvement of community reintegration resources and services, including more than one chance for successful reintegration; increased quality and availability of choices; consumer choice of housing; community-based coordination of care will be available for people with disabilities, their guardians and families who choose this mechanism.

Changes in Transitional Assistance - People who want to move out of institutions must receive transition assistance; complete plan for students to make the transition from school to community to work.

Changes in Consumer Participation - Increased consumer control; informed choice/person-centered plan with individual budget.

Office of Rehabilitation Services

List of recommended priorities:

Growth in Home Services Program - Increased funding for community-based programs and services.

Focus on Self-Directed Care/Personal Assistants - Increased consumer control.

Expansion of Home Services for Specific Disabilities.

Reintegration - Development and improvement of community reintegration resources and services.

Face-to-Face Pre-Screening - Universal pre-post screening, which includes education of families regarding community-based services.

Supported Employment - Implement "most integrated setting" mandate of the Americans with Disabilities Act.

Assistive Technology - Increased quality and availability of choices.

Financial Independence - ORS believes that individuals with disabilities should be empowered to maximize financial stability.

Illinois Department of Aging

List of recommended priorities:

Growth in Home and Community-Based Services - Increased funding for community-based programs and services. Types of services needed: home-delivered meals, money management, respite and adult day services.

Focus on Client Choice - Increased consumer control; culturally sensitive care providers; universal pre-post screening, which includes education of families regarding services.

Illinois Housing Development Authority

Specific major IHDA activities undertaken in recent years regarding housing for people with disabilities or special needs include the following:
Illinois Affordable Housing Trust Fund Act,
Security Deposit Guarantee Program,
Leadership Council for Metropolitan Open Communities,
HOME Program/Affordable Housing Trust Fund/Tax Credits,
Homeownership Assistance Program,
Housing Rehabilitation Programs
Qualified allocation plan,
Assisted living facilities,
"Visitability" requirements.

Illinois Department of Public Aid

List of recommended priorities:
Basic Medicaid coverage,
Supported living facilities,
Home care for children who are medically fragile and technology dependent,
Long-term care facility utilization,
Medicaid funding as an impetus for expanding community services,
Expansion of Medicaid eligibility for people with disabilities and the elderly,
Expansion of Medicaid for people with disabilities who work, and
Expansion of Illinois Pharmaceutical Assistance Program.

Implementation

Legislation

There was no 2002 legislation related to the Olmstead decision.

Successes

The most significant success for the state was receiving an $800,000 Real Choice Systems Change Grant from the U.S. Department of Health and Human Service (DHHS) in September 2002. The state also used the resources of the various advisory groups that provide assistance to the state agencies to establish the plan and meet the needs of individuals with disabilities.

Challenges

The coordination of services between agencies and information dissemination was difficult to establish.

Lawsuits

The Boudreau vs. Ryan class action suit is pending on behalf of individuals with developmental disabilities who are eligible for Medicaid services under the waiver but are not receiving them because of overly restrictive application procedures. For an update on lawsuits in Illinois and other states, see Status Report: Litigation Concerning Medicaid Services for Persons with Developmental and Other Disabilities by Gary A. Smith at http://www.hsri.org/index.asp?id=news

Next Steps

The Illinois Department of Human Service (DHS) applied for and was awarded an $800,000 Real Choice Systems Change Grant from the U.S. Department of Health and Human Services (DHHS) in September 2002. The money is being used to enhance the existing system of long-term supports and services and to emphasize a consumer-driven approach to community integration. The Systems Change Project is geographically targeted to 17 southern Illinois counties and to Rockford, a medium-sized city near the northern border of the state.

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