Ligas Data Report as of 12-31-15 (pdf) (Issued 2-9-16)  printable version

Paragraph 33 of the Ligas Consent Decree: …Not less than every six (6) months, Defendants shall provide to the Monitor, Plaintiffs, Class Counsel, Intervenors and Intervenors' Counsel and make publicly available, a detailed report containing data and information sufficient to evaluate Defendants' compliance with the Decree and Defendants progress toward achieving compliance…

This is the eighth Ligas Data Report. Per the Ligas Consent Decree, the Division of Developmental Disabilities (DDD) will produce reports of data and information regarding implementation of the provisions of the Ligas Consent Decree every six months. The due dates for these reports will typically be February 15th and August 15th of each year. Unless otherwise specified in the body of this report, the data collected for FY 2016 represents a time frame of July 1, 2015 through December 31, 2015.

Class Member List

The DDD is maintaining a centralized, master class list as described in the Ligas Implementation Plan. Individual records are categorized into three separate areas: individuals living at home in the community, individuals living in an ICF/DD who were admitted after June 15, 2011, and individuals living in an ICF/DD who were there on June 15, 2011 (the date of the Court's approval of the Consent Decree). Written statements documenting a desire to be a part of the class are obtained for each individual in the latter category. Individuals are added to or removed from the class list as appropriate. The table below provides a summary of the class list as of December 31, 2015.

FY12 FY13 FY14 FY15 FY16 FY17
1 Living at Home 10,691 10,309 15,083 16,660 14,481
2 ICF/DD after 6/15/11 27 41 131 221 200
3 ICF/DD on 6/15/11 with an Affirmative Statement To Move (2a) 695 919 1,079 1,393 1,221
3a DD PAS 10 12 9 9 10 9
3b DHS 1243/1238 229 520 700 1055 969
3c EFE Form 432 363 331 290 220
3d OSG Request 7 6 5 4 2
3e Other Guardian Request 15 21 34 34 21
4 # At End of Fiscal Year 11,413 11,269 16,293 18,274 15,902

Individuals were added to or removed from the Class Member List as follows:

Additions in FY13 Additions in FY14 Additions in FY15 Additions in FY16
Individuals in ICFs/DD on 6/15/11 351 243 329 74
Individuals in ICF/DDs after 6/15/11 16 94 70 11
Individuals in Community Settings 47 5,029 2,186 1,127
Total Additions 414 5,366 2,585 1,212
Removals Removals in FY13 Removals in FY14 Removals in FY15 Removals in FY16
Individual Moved Out of State 35 15 13 234
Determined Clinically Ineligible 18 21 8 45
Determined Financially Ineligible 11 6 3 28
Withdrew-Reason Not Given 153 124 98 356
Individual Deceased 35 13 450 59
Objector 1 1 0 0
Other 6 3 0 2,441
Incorrect SSN (Duplicate Record) 17 0 6 12
Ineligible Setting 26 54 13 3
Unable to Locate Individual 167 74 54 362
Stay in ICFDD 89 31 47 31
Submitted in Error 0 0 1 0
Move to ICFDD 0 0 0 25
Total Removals 558 342 693 3,596

Note: Prior Fiscal Year numbers may change from previous reports due to updates made in class member types and effective dates. The total number of removals and additions will not reconcile to the net increase or decrease in class members due to some individuals changing class status from year to year.

Note: The relatively large increase in the number of removals reported as deaths during FY15 is due to an enhancement to the DDD's database which now enables the DDD to regularly and automatically identify individuals who have become deceased. This enhancement has captured reports of deaths not previously identified in the prior fiscal years.

Note: The reported increase in the number of removals during FY16 is due to an enhancement to the DDD's database which now enables updates to regularly and automatically identify individuals who have been closed on the PUNS waiting list. This enhancement has captured closures not previously identified in the prior fiscal years. The PUNS Integrity Project and the continued automated closures of PUNS are both factors in the reported reductions.

Services for Class Members in ICFs/DD

The DDD informed ISC agencies of the confirmed class members residing in ICFs/DD as of June 15, 2011, and instructed the agencies to complete eligibility determinations and facilitate the choice and selection process. ISC agencies are now reporting to the DDD on a monthly basis progress made in assisting the individuals with their options. The DDD continues to inform the ISC agencies of new class members as they are identified.

Target Dates from Consent Decree: 12/31/13 12/31/15 6/30/17 Cumulative Total to Date
1 # of Class Members With Waiver Capacity Award Letters 610 684 1294
2 * Total Class Members Who Have Moved to Waiver Services (per billing data) 596 657 1253
2a Subtotal Who Received CILA Services 581 652 1233
2b Subtotal Who Received HBS Services 12 5 17
2c Subtotal Who Received CLF Services 3 0 3

Please note that the above data includes individuals who are moving due to ICF/DD downsizing and closure agreements.

  • The 12/31/13 Benchmark is 1/3 (297) of the known ICF/DD Class Members as of 6/15/13 (889).
  • The 12/31/15 Benchmark is 2/3 (923) of the known ICF/DD Class Members as of 6/15/15 (1399).
  • The 06/30/17 Benchmark is all of the known ICF/DD Class Members as of 6/15/17.

Services for Class Members from the Waiting List

Four selections have been completed from the PUNS database (the Division's waiting list) since the approval of the Consent Decree using the criteria specified in the Ligas Implementation Plan. The Class Members selected have been notified and the ISC agencies have been instructed to complete eligibility determinations and facilitate the choice and provider selection process. A set of tables is maintained that provides summary information regarding the results of the selections. These tables are available on the Division's web site at http://www.dhs.state.il.us/page.aspx?item=41142.

Ligas Benchmarks Total
1 # of Class Members Selected From The Waiting List (PUNS). 4311
2 # of Class Members in ICF/DDs after 6/15/11 who were part of a downsizing 98
3 Total Class Members With Waiver Capacity Award Letters 2523
4 Total Class Members Who Have Received Waiver Services (as reported by the ISC agencies and providers) 2501
5 Total Class Members Who Have Received Waiver Services (per billing data) 2489
5a * Subtotal Who Received CILA Services(per billing data) 586
5b * Subtotal Who Received HBS Services(per billing data) 1901
5c * Subtotal Who Received CLF Services(per billing data) 2

ICFs/DD Resident Outreach

With input from the Monitor, Class Counsel, and Intervenors, the DDD issued a Request for Proposals (RFP) to secure the services of a contractor or multiple contractors to contact all Potential Class Members residing in ICFs/DD; however, the DDD did not receive any bids in response to the RFP. After consultation with the State's procurement staff to ensure all regulations are appropriately followed, the DDD entered into discussions with a potential vendor. The vendor, The Council on Quality and Leadership (CQL), is now under contract with the DDD, and planning and development activity is underway. CQL has assigned/hired a Project Director and Project Manager. The vendor has also hired individuals to conduct the initial phone contact and face-to-face interviews. With input from the Monitor, Class Counsel, and Intervenors, the vendor has developed an overall process description, a set of frequently asked questions with responses, a phone script for initial contacts, and meeting presentation materials. Geographic areas for the phase in of initial contact were selected. These areas are Madison and St. Clair Counties in the southern part of the State and the South and Southwest Suburbs of Cook County in the northern part of the State. CQL conducted training for the interviewers in September, with participation by DDD staff and the Monitor. An additional training session was held in January of 2014 for interviewers who were hired after the initial session. CQL has now initiated and completed outreach activity in all areas of the State. CQL's contract ended on January 31, 2016.

FY12 FY13 FY14 FY15 FY16 FY17
1 Total Potential Class Members pending contact 2620 590 0
2 # with Initial Phone Contact 546 1272 1624
3 # Choosing Not to Meet w/Outreach Contractor 393 941 1264
4 # Choosing not to Meet at this time, but Want Future Contact 29 32 20
5 Total # Choosing to Meet w/Outreach Contractor 124 299 340
5a # Persons Completed Written Request for Community Services Through Outreach 32 83 121
5b # Undecided 18 36 18
5c # Pending 13 46 4
5d # Choosing ICF/DD 61 134 197

Transition Service Plans

An initial version of a standardized format and accompanying instructions was developed with input from the Monitor, Plaintiffs Counsel, ISC agencies, and other advocates throughout the system. Two ISC agencies piloted the draft process and materials with Class Members and providers in their areas. These two ISC agencies participated in a planning/training meeting with the Monitor and DDD staff on August 23, 2012 in order to begin the pilot. DDD staff and the Monitor reviewed the Transition Service Plans that were developed as the pilot was underway. Monthly conference calls were held among the two ISC agencies, Monitor, and DDD staff throughout the pilot. The standardized format and accompanying instructions were modified, based on the experience of the pilot, for Statewide implementation.

Training for all ISC agencies was held on April 16, 2013. This statewide training session was then followed with local training sessions for small groups of ISC agencies throughout the remainder of April and May. The training opportunities were conducted by DDD staff and the Monitor. Statewide implementation occurred on July 1, 2013: as of that date, Transition Service Plans are required for all individuals who move. A modified version of the Transition Service Plan has been provided for the ISC agencies for use with individuals who moved prior to statewide implementation of the Transition Service Plan format.

Total Plans Completed
1 # with Transition Service Plan Completed 1589
2 # of Modified Transition Plans Completed 434
3 Total to Date 2023

Crisis Services

The DDD continues to process service requests for individuals in crisis situations. Below is summary data regarding the requests processed.

FY12 FY13 FY14 FY15 FY16 FY17 Cumulative Total to Date
1 Total # of Crisis Requests Received 343 298 424 486 250 1,801
2 Total # of Class Members Approved 290 274 397 461 239 1,661
2a # of Class Members Approved for CILA 205 162 217 283 157 1,024
2b # of Class Members Approved for HBS 85 112 180 178 82 637
3 Total # of Class Members Who Received Services 288 269 397 460 236 1,650
3a # of Class Members Who Received CILA Services 203 159 217 282 155 1,016
3b # of Class Members Who Received HBS Services 85 110 180 178 81 634
4 Total # of Class Members Denied Crisis Approvals 53 24 27 25 11 140

Voluntary ICFs/DD Closure/Downsizing Agreements

The DDD continues to work with ICF/DD providers that wish to downsize or close their facilities on a voluntary basis. The information below summarizes the agreements underway since the Consent Decree was approved. Please take note of the following issues involving the data in the table below:

  • Included in the FY12 numbers are persons who were part of closure/downsizing agreements that were in process at the time of the approval of the Consent Decree on June 15, 2011. Therefore some individuals may have moved prior to that date and were not included in the Class as they already had community-based services prior to the approval of the Consent Decree.
  • It is a rare occurrence, but it is possible that some individuals who are part of closure/downsizing agreements are determined to be ineligible for the Adult Developmental Disabilities Medicaid Waiver. In such instances, the individuals are funded in community-based services with only State funding and are not eligible for membership in the Ligas Class.
  • In comparing this data with that in the section entitled "Services for Class Members in ICFs/DD", note that the data source for whether an individual has moved is different between the two sections. This section uses self-reported information from the ICF/DD providers regarding the status of their closure/downsizing agreements; the section entitled "Services for Class Members in ICFs/DD" uses billing data. Typically, there is a greater lag time in the billing data.
FY12 FY13 FY14 FY15 FY16 FY17 Cumulative Total to Date
1 # of Agreements Initiated 9 16 22 13 0 60
2 Total # Licensed Capacity 144 486 340 238 1208
3 Total # of People to Move 117 406 278 202 1003
3a * Moved to CILAs 113 380 263 164 920
3b * Moved to HBS 0 0 0 0 0
3c * Transferred to Other ICFs/DD 4 3 8 4 19
3d * Other 0 23 7 6 36
3e * Move Pending 0 0 0 28 28

Note: Numbers and outcomes are recorded in the Fiscal Year in which the agreement was initiated.

Eligibility Appeals

The DDD continues to process appeals of eligibility. Below is summary data regarding the appeals processed since the Consent Decree was approved.

FY12 FY13 FY14 FY15 FY16 FY17 Cumulative Total to Date
1 Total Class Members Submitting Appeals
(Rows 2,3,4,5 = Row 1) 57 57 40 50 29 233
1a Crisis Appeals N/A 16 17 23 15 71
1b Eligibility Appeals N/A 41 23 27 14 105
2 Subtotal Appeals Upheld 9 22 6 18 8 63
3 Subtotal Appeals Denied 29 18 15 27 10 99
4 Subtotal Appeals Pending 0/Returned 6 17 11 13 2 6 49
5 Subtotal Appeals Withdrawn 2 6 6 3 5 22

Ligas Spending / Budget Plan - updated 8/1/2015

FY13 FY14 FY15 FY16 Projected
PUNS Placements $16,063,150 $49,069,580 $71,443,415 $78,718,807
CILA (includes Residential, Day Program and ISSA) $3,289,717 $11,717,483 $21,630,595 $24,704,132
Home Based Support Services (includes ISSA) $12,773,433 $37,352,097 $49,812,820 $54,014,675
Transitions from ICF/DD's $400,293 $5,309,754 $23,847,582 $25,359,116
CILA (includes Residential, Day Program and ISSA) $12,255,100 $33,092,256 $56,342,017 $70,813,031
Home Based Support Services (includes ISSA) $169,285 $319,033 $398,605 $410,897
Net ICF/DD change -$12,024,092 -$28,101,535 -$32,893,040 -$45,864,812
Staffing and Contract Costs $4,941,829 $8,181,134 $9,240,931 $10,096,274
Court Monitor $182,367 $175,788 $189,300 $188,250
Personal Services (DD Division staff) $1,241,559 $1,504,825 $1,601,574 $1,629,774
HBSS Fiscal Intermediary Costs $440,250 $1,266,450 $1,770,700 $1,896,600
PAS /ISC for Assessments & Transition Service Plans $2,902,653 $4,166,571 $4,130,033 $4,130,033
PUNS Integrity Project $307,364 $1,771,368
Outreach Contract (Council on Quality /Leadership) $175,000 $700,000 $721,000 $180,250
Other Consulting $0 $367,500 $520,960 $300,000
Total $21,405,272 $62,560,468 $104,531,928 $114,174,198