Rep. Robyn Gabel

Filed: 4/4/2019

 

 


 

 


 
10100HB3483ham001LRB101 07274 KTG 59039 a

1
AMENDMENT TO HOUSE BILL 3483

2    AMENDMENT NO. ______. Amend House Bill 3483 by replacing
3everything after the enacting clause with the following:
 
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

 

 

10100HB3483ham001- 2 -LRB101 07274 KTG 59039 a

1be limited to, children and youth, individuals transitioning
2from special education to post-secondary activities,
3individuals living at home or in the community, individuals in
4private nursing and residential facilities, and individuals in
5intermediate care facilities for persons with developmental
6disabilities. Individuals who are receiving services under any
7home and community-based services waiver program authorized
8under Section 1915(c) of the Social Security Act may remain on
9the PUNS database until they are offered services through a
10PUNS selection or demonstrate the need for and are awarded
11alternative services.
12    (b) The PUNS database shall be used to foster a fair and
13orderly process for processing applications for developmental
14disabilities services funded by the Department, verifying
15information, keeping individuals and families who have applied
16for services informed of available services and anticipated
17wait times, determining unmet need, and informing the General
18Assembly and the Governor of unmet need statewide and within
19each representative district.
20    (c) Independent service coordination agencies shall be the
21points of entry for individuals and families applying for
22developmental disability services funded by the Department.
23The information collected and maintained for PUNS shall
24include, but is not limited to, the following: (i) the types of
25services of which the individual is potentially in need; (ii)
26demographic and identifying information about the individual;

 

 

10100HB3483ham001- 3 -LRB101 07274 KTG 59039 a

1(iii) factors indicating need, including diagnoses, assessment
2information, ages of primary caregivers, and current living
3situation; (iv) the date information about the individual is
4submitted for inclusion in PUNS, and the types of services
5sought by the individual; and (v) the representative district
6in which the individual resides. In collecting and maintaining
7information under this Section, the Department shall give
8consideration to cost-effective appropriate services for
9individuals.
10    (d) The Department shall respond to inquiries about
11anticipated PUNS selection dates and make available a
12Department e-mail address for such inquiries. Subject to
13appropriation, the Department shall offer a web-based
14verification and information-update application. The
15Department shall make all reasonable efforts to contact
16individuals on the PUNS database at least 2 times each year and
17provide information about the PUNS process, information
18regarding services that may be available to them prior to the
19time they are selected from PUNS, and advice on preparing for
20and seeking developmental disability services. At least one of
21the contacts must be from an independent service coordination
22agency. The Department may contact individuals on the PUNS
23database through a newsletter prepared by the Division of
24Developmental Disabilities. The Department shall provide
25information about PUNS to the general public on its website.
26    (e) This amendatory Act of the 101st General Assembly does

 

 

10100HB3483ham001- 4 -LRB101 07274 KTG 59039 a

1not create any new entitlement to a service, program, or
2benefit but shall not affect any entitlement to a service,
3program, or benefit created by any other law. Except for a
4service, program, or benefit that is an entitlement, a service,
5program, or benefit provided as a result of the collection and
6maintenance of PUNS shall be subject to appropriations made by
7the General Assembly.
8    (f) The Department, consistent with applicable federal and
9State law, shall make general information about PUNS available
10to the public such as: (i) the number of individuals
11potentially in need of each type of service, program, or
12benefit; and (ii) the general characteristics of those
13individuals. The Department shall protect the confidentiality
14of each individual in PUNS when releasing database information
15by not disclosing any personally identifying information.
16    (g) The Department shall allow an individual who is:
17        (1) a legal resident;
18        (2) a dependent of a military service member; and
19        (3) absent from the State due to the member's military
20    service;
21to be added to PUNS to indicate the need for services upon
22return to the State. If the individual is selected from PUNS to
23receive services, the individual shall have 6 months from the
24date of the selection notification to apply for services and
25another 6 months to commence using the services. If an
26individual is receiving services funded by the Department and

 

 

10100HB3483ham001- 5 -LRB101 07274 KTG 59039 a

1the services are disrupted due to the military service member's
2need for the individual to leave the State because of the
3member's military service, the services shall be resumed upon
4the individual's return to the State if the individual is
5otherwise eligible. No payment made in accordance with this
6Section or Section 12-4.47 of the Illinois Public Aid Code
7shall be made for home and community based services provided
8outside the State of Illinois. The individual is required to
9provide the following to the Department:
10        (i) a copy of the military service member's DD-214 or
11    other equivalent discharge paperwork; and
12        (ii) proof of the military service member's legal
13    residence in the State, as prescribed by the Department.
14    (a) The Department of Human Services shall compile and
15maintain a cross-disability database of Illinois residents
16with a disability who are potentially in need of disability
17services funded by the Department. The database shall consist
18of individuals with mental illness, physical disabilities,
19developmental disabilities, and autism spectrum disorders and
20shall include, but not be limited to, individuals transitioning
21from special education to adulthood, individuals in
22State-operated facilities, individuals in private nursing and
23residential facilities, and individuals in community
24integrated living arrangements. Within 30 days after the
25effective date of this amendatory Act of the 93rd General
26Assembly, the Secretary of Human Services shall seek input from

 

 

10100HB3483ham001- 6 -LRB101 07274 KTG 59039 a

1advisory bodies to the Department, including advisory councils
2and committees working with the Department in the areas of
3mental illness, physical disabilities, and developmental
4disabilities. The database shall be operational by July 1,
52004. The information collected and maintained for the
6disability database shall include, but is not limited to, the
7following: (i) the types of services of which the individual is
8potentially in need; (ii) demographic and identifying
9information about the individual; (iii) factors indicating
10need, including diagnoses, assessment information, age of
11primary caregivers, and current living situation; (iv) if
12applicable, the date information about the individual is
13submitted for inclusion in the database and the types of
14services sought by the individual; and (v) the representative
15district in which the individual resides. In collecting and
16maintaining information under this Section, the Department
17shall give consideration to cost-effective appropriate
18services for individuals.
19    (b) This amendatory Act of the 93rd 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 the disability database shall be subject to
26appropriations made by the General Assembly.

 

 

10100HB3483ham001- 7 -LRB101 07274 KTG 59039 a

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

 

 

10100HB3483ham001- 8 -LRB101 07274 KTG 59039 a

1service member shall be required to provide the Department
2with:
3        (1) a copy of the military service member's DD-214 or
4    other equivalent discharge paperwork; and
5        (2) proof of the military service member's legal
6    residence in the State, as prescribed by the Department.
7(Source: P.A. 98-1000, eff. 8-18-14.)
 
8    Section 99. Effective date. This Act takes effect upon
9becoming law.".