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Olmstead in Illinois: The Odyssey

Olmstead in Illinois: The Odyssey. Lisa Bragança Access Living LBraganca@AccessLiving.org www.AccessLiving.org (312) 640-2175. The Independent Living Movement. 1971 First Center for Independent Living established by  people with disabilities  for  people with disabilities

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Olmstead in Illinois: The Odyssey

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  1. Olmstead in Illinois:The Odyssey Lisa Bragança Access Living LBraganca@AccessLiving.org www.AccessLiving.org (312) 640-2175

  2. The Independent Living Movement • 1971 First Center for Independent Living established • by people with disabilities for people with disabilities • de-medicalization • de-institutionalization 

  3. Centers for Independent Living • Individual and Systems Advocacy • Information and Referral • Peer Support • Independent Living Skills Training 

  4. Deinstitutionalization Independent Living Staff work to: • End the unnecessary institutionalization of people with disabilities • Improve/expand services and programs that allow people with disabilities to live independently.

  5. Access LivingDeinstitutionalizationthrough Litigation Americans with Disabilities Act (ADA) The ADA prohibits discrimination on the basis of disability in employment, state and local government, public accommodations, commercial facilities, transportation, and telecommunications.

  6. ADA Integration Mandate ADA Title II regulations require public entities to: “administer services, programs, and activities in the most integrated setting appropriate to the needs of qualified individuals with disabilities.”  Most integrated setting is one that “enables individuals with disabilities to interact with nondisabled persons to the fullest extent possible . . . .” 28 C.F.R. § 35.130(d) and 28 C.F.R. Pt. 35, App. A (2010) (addressing § 35.130). 

  7. Olmstead v. L.C.527 U.S. 581 (1999) ADA prohibits the unjustified segregation of individuals with disabilities.  Public entities are required to provide community-based services to persons with disabilities when: • such services are appropriate; • the affected persons do not oppose community-based treatment; and • community-based services can be reasonably accommodated, taking into account the resources available to the entity and the needs of others who are receiving disability services from the entity.

  8. Olmstead v. L.C. “[I]nstitutional placement of persons who can handle and benefit from community settings perpetuates unwarranted assumptions that persons so isolated are incapable or unworthy of participating in community life.” 

  9. Olmstead v. L.C. “[C]onfinement in an institution severely diminishes the everyday life activities of individuals, including family relations, social contacts, work options, economic independence, educational advancement, and cultural enrichment.”

  10. Community Integration in Illinois after Olmstead From 1999 through 2005, no meaningful response from State officials Disability advocates formulated a plan to file lawsuits to enforce Olmstead Three lawsuits required because different administrative agencies oversee different populations of people with disabilities living in different types of institutions

  11. Illinois Olmstead Cases Lawsuits brought by coalition: - Access Living - Equip for Equality - ACLU of Illinois - Pro bono counsel: SNR Denton Kirkland & Ellis

  12. Illinois Olmstead Cases State of Illinois has settled all three cases by entering into “Consent Decrees” “Consent Decrees” are negotiated settlements that must be approved by the Court after a “fairness hearing” Consent Decrees have been approved by the Court after fairness hearings

  13. Illinois Olmstead Cases Williams v. Quinn (“Williams”) - Approximately 4,300 Medicaid-eligible adults throughout Illinois who: - have serious mental illness • live in IMDs (Institutes of Mental Disease) and • with appropriate supports and services can live in the community

  14. Illinois Olmstead Cases Williams case - Independent Evaluations • Person-Centered Planning • Expanded service array (Medicaid and non-Medicaid services) • Savings for State of Illinois

  15. Illinois Olmstead Cases Williams case • Over the next five years all IMD residents who wish to live in the community and who can do so with appropriate services can move into the community • Benchmarks • By June 30, 2012, 256 IMD residents moved into the community (first year) • 640 IMD residents by the second year • 40% of IMD residents by the third year • 70% of IMD residents by the fourth year • 100% of IMD residents by the fifth year • Provide funding for rental assistance and transition costs

  16. Illinois Olmstead Cases • Ligas v. Maram (“Ligas”) - Nearly 6,000 adults throughout Illinois - with developmental disabilities - who live in large private ICF-DDs (9 or more residents) or who live at home and are “at risk of institutionalization” - who have expressed a desire to move out of the ICF-DD into a more integrated community placement

  17. Illinois Olmstead Cases Colbert v. Quinn (“Colbert”) - Approximately 17,000 Medicaid-eligible adults in Cook County who: - have a physical disability or serious mental illness • live in nursing facilities • with appropriate supports and services can live in the community

  18. Illinois Olmstead Cases Colbert case • Meet measurable benchmarks for transitioning people into the community • During the first 30 months, 1,100 people who wish to live in the community and who can do so with appropriate services will be transitioned out of nursing facilities • During the first 18 months, have independent professionals conduct assessments of at least 2,000 class members

  19. Illinois Olmstead Cases Colbert case • $10 million in housing assistance along with funds for transition costs and home modifications • Develop community capacity • Develop accessible, affordable housing stock • Develop a cost neutral plan based upon phase 1 results

  20. Housing Williams case With limited exceptions, Permanent Supportive Housing (“PSH”) is considered the most integrated setting for class members. Integrated permanent housing with tenancy rights, linked with flexible community-based services that are available to consumers when they need them, but are not mandated as a condition of tenancy.

  21. Housing Williams case Year 1 (ending June 30, 2012) Secure 256 units of PSH Year 2 (ending June 30, 2013) Secure additional 384 units of PSH for a total of 640 units.

  22. Housing Permanent Supportive Housing can be: - scattered site – preferred - site-based - enhanced property management - master leasing

  23. Housing Capital Funding sources: - Low Income Housing Tax Credit (LIHTC) - Building Illinois Bond Fund $130 million - Illinois Affordable Housing Trust Fund - Community Development Block Grant - HOME Investment Partnership

  24. Housing Rental Assistance: Bridge Subsidy – expedited basis for Williams $10 million funding for Colbert Transition and Home Modification Funding

  25. More Information • Accessliving.org • Equipforequality.org • ACLU-il.org

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