HB3483 EngrossedLRB101 07274 KTG 52313 b

1    AN ACT concerning State government.
 
2    Be it enacted by the People of the State of Illinois,
3represented in the General Assembly:
 
4    Section 5. The Department of Human Services Act is amended
5by changing Section 10-26 as follows:
 
6    (20 ILCS 1305/10-26)
7    Sec. 10-26. The PUNS database Disability database.
8    (a) The Department of Human Services shall compile and
9maintain a database of Illinois residents with an intellectual
10disability or a developmental disability, including an autism
11spectrum disorder, and Illinois residents with an intellectual
12disability or a developmental disability who are also diagnosed
13with a physical disability or mental illness and are in need of
14developmental disability services funded by the Department.
15The database shall be referred to as the Prioritization of
16Urgency of Need for Services (PUNS) and shall include, but not
17be limited to, children and youth, individuals transitioning
18from special education to post-secondary activities,
19individuals living at home or in the community, individuals in
20private nursing and residential facilities, and individuals in
21intermediate care facilities for persons with developmental
22disabilities. Individuals who are receiving services under any
23home and community-based services waiver program authorized

 

 

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1under Section 1915(c) of the Social Security Act may remain on
2the PUNS database until they are offered services through a
3PUNS selection or demonstrate the need for and are awarded
4alternative services.
5    (b) The PUNS database shall be used to foster a fair and
6orderly process for processing applications for developmental
7disabilities services funded by the Department, verifying
8information, keeping individuals and families who have applied
9for services informed of available services and anticipated
10wait times, determining unmet need, and informing the General
11Assembly and the Governor of unmet need statewide and within
12each representative district.
13    (c) Independent service coordination agencies shall be the
14points of entry for individuals and families applying for
15developmental disability services funded by the Department.
16The information collected and maintained for PUNS shall
17include, but is not limited to, the following: (i) the types of
18services of which the individual is potentially in need; (ii)
19demographic and identifying information about the individual;
20(iii) factors indicating need, including diagnoses, assessment
21information, ages of primary caregivers, and current living
22situation; (iv) the date information about the individual is
23submitted for inclusion in PUNS, and the types of services
24sought by the individual; and (v) the representative district
25in which the individual resides. In collecting and maintaining
26information under this Section, the Department shall give

 

 

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1consideration to cost-effective appropriate services for
2individuals.
3    (d) The Department shall respond to inquiries about
4anticipated PUNS selection dates and make available a
5Department e-mail address for such inquiries. Subject to
6appropriation, the Department shall offer a web-based
7verification and information-update application. The
8Department shall make all reasonable efforts to contact
9individuals on the PUNS database at least 2 times each year and
10provide information about the PUNS process, information
11regarding services that may be available to them prior to the
12time they are selected from PUNS, and advice on preparing for
13and seeking developmental disability services. At least one of
14the contacts must be from an independent service coordination
15agency. The Department may contact individuals on the PUNS
16database through a newsletter prepared by the Division of
17Developmental Disabilities. The Department shall provide
18information about PUNS to the general public on its website.
19    (e) This amendatory Act of the 101st General Assembly does
20not create any new entitlement to a service, program, or
21benefit but shall not affect any entitlement to a service,
22program, or benefit created by any other law. Except for a
23service, program, or benefit that is an entitlement, a service,
24program, or benefit provided as a result of the collection and
25maintenance of PUNS shall be subject to appropriations made by
26the General Assembly.

 

 

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1    (f) The Department, consistent with applicable federal and
2State law, shall make general information about PUNS available
3to the public such as: (i) the number of individuals
4potentially in need of each type of service, program, or
5benefit; and (ii) the general characteristics of those
6individuals. The Department shall protect the confidentiality
7of each individual in PUNS when releasing database information
8by not disclosing any personally identifying information.
9    (g) The Department shall allow an individual who is:
10        (1) a legal resident;
11        (2) a dependent of a military service member; and
12        (3) absent from the State due to the member's military
13    service;
14to be added to PUNS to indicate the need for services upon
15return to the State. If the individual is selected from PUNS to
16receive services, the individual shall have 6 months from the
17date of the selection notification to apply for services and
18another 6 months to commence using the services. If an
19individual is receiving services funded by the Department and
20the services are disrupted due to the military service member's
21need for the individual to leave the State because of the
22member's military service, the services shall be resumed upon
23the individual's return to the State if the individual is
24otherwise eligible. No payment made in accordance with this
25Section or Section 12-4.47 of the Illinois Public Aid Code
26shall be made for home and community based services provided

 

 

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1outside the State of Illinois. The individual is required to
2provide the following to the Department:
3        (i) a copy of the military service member's DD-214 or
4    other equivalent discharge paperwork; and
5        (ii) proof of the military service member's legal
6    residence in the State, as prescribed by the Department.
7    (a) The Department of Human Services shall compile and
8maintain a cross-disability database of Illinois residents
9with a disability who are potentially in need of disability
10services funded by the Department. The database shall consist
11of individuals with mental illness, physical disabilities,
12developmental disabilities, and autism spectrum disorders and
13shall include, but not be limited to, individuals transitioning
14from special education to adulthood, individuals in
15State-operated facilities, individuals in private nursing and
16residential facilities, and individuals in community
17integrated living arrangements. Within 30 days after the
18effective date of this amendatory Act of the 93rd General
19Assembly, the Secretary of Human Services shall seek input from
20advisory bodies to the Department, including advisory councils
21and committees working with the Department in the areas of
22mental illness, physical disabilities, and developmental
23disabilities. The database shall be operational by July 1,
242004. The information collected and maintained for the
25disability database shall include, but is not limited to, the
26following: (i) the types of services of which the individual is

 

 

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1potentially in need; (ii) demographic and identifying
2information about the individual; (iii) factors indicating
3need, including diagnoses, assessment information, age of
4primary caregivers, and current living situation; (iv) if
5applicable, the date information about the individual is
6submitted for inclusion in the database and the types of
7services sought by the individual; and (v) the representative
8district in which the individual resides. In collecting and
9maintaining information under this Section, the Department
10shall give consideration to cost-effective appropriate
11services for individuals.
12    (b) This amendatory Act of the 93rd General Assembly does
13not create any new entitlement to a service, program, or
14benefit, but shall not affect any entitlement to a service,
15program, or benefit created by any other law. Except for a
16service, program, or benefit that is an entitlement, a service,
17program, or benefit provided as a result of the collection and
18maintenance of the disability database shall be subject to
19appropriations made by the General Assembly.
20    (c) The Department, consistent with applicable federal and
21State law, shall make general information from the disability
22database available to the public such as: (i) the number of
23individuals potentially in need of each type of service,
24program, or benefit and (ii) the general characteristics of
25those individuals. The Department shall protect the
26confidentiality of each individual in the database when

 

 

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1releasing database information by not disclosing any
2personally identifying information.
3    (d) The Department shall allow legal residents who are
4dependents of a military service member and who are absent from
5the State due to the member's military service to be added to
6the database to indicate the need for services upon return to
7the State. Should an individual in such a situation be selected
8from the database to receive services, the individual shall
9have 6 months from the date of the selection notification to
10apply for services and another 6 months to commence using such
11services. In the event an individual is receiving services
12funded by the Department and the services are disrupted due to
13the military service member's need for the individual to leave
14the State because of his or her military service, the services
15shall be resumed upon the individual's return to the State if
16the dependent is otherwise eligible. No payment pursuant to
17this Section or Section 12-4.47 of the Illinois Public Aid Code
18shall be made for home and community based services provided
19outside the State of Illinois. A dependent of a military
20service member shall be required to provide the Department
21with:
22        (1) a copy of the military service member's DD-214 or
23    other equivalent discharge paperwork; and
24        (2) proof of the military service member's legal
25    residence in the State, as prescribed by the Department.
26(Source: P.A. 98-1000, eff. 8-18-14.)
 

 

 

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1    Section 99. Effective date. This Act takes effect upon
2becoming law.