Public Act 100-0924
 
SB2424 EnrolledLRB100 17322 MJP 32483 b


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


 
    Section 5. The Developmental Disability and Mental 
Disability Services Act is amended  by adding Article VII-A as 
follows:
 
    (405 ILCS 80/Art. VII-A heading new)
VII-A.  DIVERSION FROM FACILITY-BASED CARE PROGRAM

 
    (405 ILCS 80/7A-1 new)
    Sec. 7A-1. Diversion from Facility-based Care Pilot 
Program.
    (a)     The purposes  of this Article are to:
        (1) decrease the number of admissions to 
    State-operated facilities;
        (2) address the needs of individuals receiving Home and 
    Community Based Services (HCBS)  with intellectual 
    disabilities or developmental disabilities who are at risk 
    of facility-based care due to significant behavioral 
    challenges, some with a dual diagnosis of mental illness, 
    by providing a community-based residential alternative to 
    facility-based care  consistent with their individual 
    plans, and to transition these individuals back to a 
    traditional community-integrated living arrangement or 
    other HCBS community setting program;
        (3) create greater capacity within the short-term 
    stabilization homes by allowing individuals who need an 
    extended period of treatment to transfer to a long-term 
    stabilization home;
        (4) stabilize the existing community-integrated living 
    arrangement homes where the presence of individuals with 
    complex behavioral challenges is disruptive to their 
    housemates; and
        (5) add support services to        enhance community service 
    providers who serve individuals with significant 
    behavioral challenges.
    (b)   Subject to appropriation or the availability of other 
funds for these purposes at the discretion of the Department, 
the Department shall establish the Diversion from 
Facility-based Care Pilot Program consisting of at least 6 
homes in various locations in this State in accordance with 
this Article and the following model:
        (1) the Diversion from Facility-based Care Model shall 
    serve individuals with intellectual disabilities or 
    developmental disabilities who are currently receiving 
    HCBS services and are at risk of facility-based care due to 
    significant behavioral challenges, some with a dual 
    diagnosis of mental illness, for a period ranging from one 
    to 2 years, or longer if appropriate for the individual;
        (2) the Program shall be regulated in accordance with 
    the community-integrated living arrangement guidelines;
        (3) each home shall support no more than 4 residents, 
    each having his or her own bedroom;
        (4) if, at any point, an individual, his or her 
    guardian, or family caregivers, in conjunction with the 
    provider and clinical staff, believe the individual is 
    capable of participating in a HCBS service, those 
    opportunities shall be offered as they become available; 
    and
        (5) providers shall have adequate resources, 
    experience, and qualifications to serve the population 
    target by the Program, as determined by the Department;
        (6) participating Program providers and the Department 
    shall participate in an ongoing collaborative whereby best 
    practices and treatment experiences would be shared and 
    utilized;
        (7) home locations shall be proposed by the provider in 
    collaboration with other community stakeholders;
        (8) The Department, in collaboration with 
    participating providers, by rule shall develop data 
    collection and reporting requirements for participating 
    community service providers. Beginning December 31, 2020 
    the Department shall submit an annual report 
    electronically to the General Assembly and Governor that 
    outlines the progress and effectiveness of the pilot 
    program.  The report to the General Assembly shall be filed 
    with the Clerk of the House of Representatives and the 
    Secretary of the Senate in electronic form only, in the 
    manner that the Clerk and the Secretary shall direct;
        (9) the staffing model shall allow for a high level of 
    community integration and engagement and family 
    involvement; and 
        (10) appropriate day services, staff training 
    priorities, and home modifications shall be incorporated 
    into the Program model, as allowed by HCBS authorization.
    (c)      This Section is repealed on January 1, 2023. 
 

    Section 99. Effective date. This Act takes effect July 1, 
2019.