SB0581eng 95TH GENERAL ASSEMBLY

SB0581 Engrossed LRB095 08152 DRJ 28317 b

AN ACT concerning health.

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 the heading of Article VI and Sections 6-1, 6-5, and 6-10 as follows:

(405 ILCS 80/Art. VI heading new)

ARTICLE VI. COMMUNITY RESIDENTIAL CHOICES PROGRAM

(405 ILCS 80/6-1 new)

Sec. 6-1. Community Residential Choices Program.

(a) The purpose of this Article is to establish a Community Residential Choices Program to allow a person with a developmental disability to participate in a community-based residential program where he or she is grouped in a home with no more than 3 housemates, each of whom has a developmental disability, whose disabilities, interests, service needs, ages, and gender are compatible. Priority placement under the program shall be allocated to individuals who have chosen to live together. Each participant in the Community Residential Choices Program shall have his or her own individual private bedroom. The Community Residential Choices Program shall be available to persons over the age of 18 who do not meet the Department's criteria for being in crisis.

(b) For purposes of this Article:

"Community-based residential program" means one of a variety of living arrangements for persons with developmental disabilities, including existing settings such as community-integrated living arrangements, community residential alternatives, assisted residential care, supported residential care, and adult foster care, and may also include newly developed settings that are consistent with this definition.

"Developmental disability" includes an autism spectrum disorder.

A person diagnosed with an autism spectrum disorder may be assessed for eligibility for services under Home and Community-Based Services Waivers for persons with developmental disabilities, without regard to whether that person is also diagnosed with mental retardation, so long as the person otherwise meets applicable level-of-care criteria under those waivers. This provision 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.

(405 ILCS 80/6-5 new)

Sec. 6-5. Program sites and placements. Commencing with the State fiscal year beginning on July 1, 2007, subject to appropriation, the Department shall establish Community Residential Choices Program sites in geographic locations throughout the State. For the State fiscal year beginning July 1, 2007, the Department shall make non-crisis placements available to no fewer than 80 persons. For the State fiscal years beginning on July 1, 2008 and July 1, 2009, the Department shall establish non-crisis placements for an additional 80 persons each year. If the non-crisis placements cannot be filled with individuals who have chosen roommates, the Department shall reserve those placements for individuals who are not considered in crisis and shall develop a protocol for ascertaining the compatibility of individuals living together. The Department, by rule, shall establish procedures for application, evaluation, selection of roommates, and placement into the Community Residential Choices Program.

(405 ILCS 80/6-10 new)

Sec. 6-10. Reimbursement rates. The Department shall reimburse each provider of a Community Residential Choices Program at the customary rate for a community-based residential program for persons with developmental disabilities, including necessary and appropriate support services.

Section 99. Effective date. This Act takes effect upon becoming law.