Public Act 098-1000
 
HB5697 EnrolledLRB098 20246 KTG 55668 b


  
    AN ACT concerning public aid.
  
 
    Be it enacted by the People of the State of Illinois,
 
represented in the General Assembly:
  



 
 
    Section 5. The Department of Human Services Act is amended 
by changing Section 10-26 as follows:
 



    (20 ILCS 1305/10-26)



    Sec. 10-26. Disability database. 

    (a) The Department of Human Services shall compile and 
maintain a
cross-disability database of Illinois residents 
with a disability who are
potentially
in need of disability 
services funded by the Department. The database shall
consist 
of individuals with mental illness, physical disabilities,

developmental
disabilities, and autism spectrum disorders and 
shall include, but not be limited to, individuals
transitioning 
from
special education to adulthood, individuals in 
State-operated facilities, individuals
in private nursing and 
residential facilities, and individuals in community

integrated living arrangements. Within 30 days after the 
effective date of this
amendatory Act of the 93rd General 
Assembly, the Secretary of Human Services
shall seek input from 
advisory bodies to the Department, including advisory
councils 
and committees working with the Department in the areas of 
mental
illness, physical disabilities, and developmental 
disabilities. The database
shall be
operational by July 1, 
2004. The information collected and maintained for the

disability database shall include, but is not limited to, the 
following: (i)
the types of
services of which the individual is 
potentially in need; (ii) demographic and
identifying 
information about the individual; (iii) factors indicating 
need,
including
diagnoses, assessment information, age of 
primary caregivers, and current
living
situation; (iv) if 
applicable, the date information about the individual is

submitted for inclusion in the database and
the
types of 
services sought by the individual; and (v) the representative

district
in which the individual resides. In collecting and 
maintaining information
under
this Section, the Department 
shall give consideration to cost-effective
appropriate 
services for individuals.

    (b) This amendatory Act of the 93rd General Assembly does 
not create
any new entitlement to a service, program, or 
benefit, but shall not affect any
entitlement to a service, 
program, or benefit created by any other law. Except
for
a 
service, program, or benefit that is an entitlement, a service, 
program, or
benefit provided as a result of the collection and 
maintenance of the
disability
database shall be subject to 
appropriations made by the General Assembly.

    (c) The Department, consistent with applicable federal and 
State law, shall
make general information from the disability

database available to the public such as: (i) the number of 
individuals
potentially
in need of each type of service, 
program, or benefit and (ii) the general
characteristics of 
those individuals.  The Department shall protect the

confidentiality of each individual in the database when 
releasing database
information by
not disclosing any 
personally identifying information.

    (d) The Department shall allow legal residents who are 
dependents of a military service member and who are absent from 
the State due to the member's military service to be added to 
the database to indicate the need for services upon return to 
the State.  Should an individual in such a situation be selected 
from the database to receive services, the individual shall 
have 6 months from the date of the selection notification to 
apply for services and another 6 months to commence using such 
services.  In the event an individual is receiving services 
funded by the Department and the services are disrupted due to 
the military service member's need for the individual to leave 
the State because of his or her military service, the services 
shall be resumed upon the individual's return to the State if 
the dependent is otherwise eligible. No payment pursuant to 
this Section or Section 12-4.47 of the Illinois Public Aid Code 
shall be made for home and community based services provided 
outside the State of Illinois.  A dependent of a military 
service member shall be required to provide the Department 
with: 
        (1) a copy of the military service member's DD-214 or 
    other equivalent discharge paperwork; and 
        (2) proof of the military service member's legal 
    residence in the State, as prescribed by the Department. 
(Source: P.A. 95-251, eff. 8-17-07.)

 
    Section 10. The Illinois Public Aid Code is amended  by 
adding Section 12-4.47 as follows:
 
    (305 ILCS 5/12-4.47 new)
    Sec. 12-4.47. Continued eligibility for developmental 
disability services for dependents of military service 
members.
    (a) As used in this Section: 
    "Dependent" means a spouse, birth child, adopted child, or

stepchild of a military service member.
    "Legal resident" means a person who maintains Illinois as 
his
or her principal establishment, home of record, or 
permanent home and
to where, whenever absent due to military 
obligation, he or she intends
to return.
    "Military service" means service in the armed forces or 
armed
forces reserves of the United States, or membership in 
the Illinois National Guard.
    "Military service member" means a person who is currently 
in military service or who
has separated from military service 
in the previous 18 months through
either retirement or military 
separation. 
    (b) A dependent, who is a legal resident of the State, 
having
previously been determined to be eligible for 
developmental disability
services provided by the Department 
of Human Services, including waiver services provided under the 
home and community based services programs authorized under 
Section 1915(c) of the Social Security Act, shall retain 
eligibility for those developmental disability services as 
long as he
or she remains a legal resident of the State, 
regardless of having left the State due to the military service 
member's military assignment
outside the State, and as long as 
he or she is otherwise eligible for such services. 
    (c) The Department of Human Services shall permit a 
dependent who resides out-of-state to be placed on the waiting 
list for developmental disabilities services if the dependent 
left the State due to the military service member's military 
assignment outside the State, is otherwise eligible for those 
services, and furnishes the following: 
        (1) a copy of the military service member's DD-214 or 
    other
equivalent discharge paperwork; and
        (2) proof of the military service member's legal 
    residence in the
State, as prescribed by the Department. 
    (d) For dependents who received developmental disability 
services
and who left the State due to the military service 
member's military
assignment outside the State, upon the 
dependent's return to the State and when a request for services 
is made, the Department shall:
        (1) determine the dependent's eligibility for 
    services, which may include a request
for waiver services 
    provided under the home and community based services 
    programs authorized under Section 1915(c) of the Social 
    Security Act;
        (2) provide to the dependent notification of the 
    determination of eligibility for services,
which includes 
    notification of a denial of services if applicable;
        (3) provide the dependent an opportunity to contest the 
    Department's determination through the appeals processes 
    established
by the Department; and 
        (4) resume services if the individual remains 
    eligible. 
    (e) As a condition of  continued eligibility for services 
under subsection (b) of this Section,
 a dependent must inform 
the Department of his or her
current address and provide 
updates as requested by the Department.
    (f)  No payment pursuant to this Section shall be made for 
developmental disability services authorized under the 
Illinois Title XIX State Plan and provided outside the State 
unless those services satisfy the conditions specified in 42 
CFR 431.52.  No payment pursuant to this Section shall be made 
for home and community based services provided outside the 
State of Illinois. 
    (g) The Department shall request a waiver from the 
appropriate
federal agency if a waiver is necessary to 
implement the provisions of this
Section.
    (h) The Department may adopt rules necessary to implement 
the
provisions of this Section. 
 
 
    Section 99. Effective date. This Act takes effect upon 
becoming law.