The "Olmstead Implementation Act" legislation continues to be a matter of considerable discussion at the Capitol. It is an initiative of the Illinois Network of Centers for Independent Living (INCIL). CCDI, the Arc of Illinois and other advocacy groups are lending their support and advice to the effort. The objective of the legislation is to allow an individual who is living in an institution and who is assessed and deemed capable of living in a community-based setting (their own home, the home of a family member or friend, a small group home, etc.) to move if they so desire and to have the public monies (or the portion of those monies needed to provide adequate community supports) move with them.

The main opponents to the original bill, SB 470, are the nursing home industry, the public employee unions and State agencies, particularly the Departments of Human Services and Healthcare and Family Services. These are potent adversaries who can easily kill the legislation. The nursing homes have no problem with people moving into the community as long as the nursing homes are not harmed financially. The unions want to make sure their members do not lose jobs at State-operated facilities. The State agencies are concerned mainly about the fiscal impact of this legislation on the State.

SB 470 is now dead, having failed to move out of the Senate Rules Committee. However, the language has been amended onto another bill, SB 765. That amendment was approved by the Senate Human Services Committee recently and the bill is now pending on the Senate floor. However, negotiations are continuing with the stakeholders.

A new amendment to SB 765 was negotiated with the nursing home industry late last week and was offered in committee in late March. The new language better tracks the Federal Deficit Reduction Act's "rebalancing" provisions and becomes more like the MiCASSA legislation introduced in the U.S. Congress in past years. It focuses on the development of mechanisms to make the allocation of the State's Medicaid funding more flexible, rather than being a "money follows the person" type of bill. The bill could pass the Senate this week.

However, new concerns have arisen about the language of the most recent amendment. Chances are the proponents will have to try to move the bill with the new language agreed upon with the nursing home industry and continue negotiations with all interested parties. It's a long way from passing both Houses and going to the Governor.

Ann Ford of INCIL, Sarah Triano of Access Living and Sen. Maggie Crotty (D-Oak Forest) deserve a lot of credit for their incredibly hard work on this legislation.