093_HB0684sam001

 










                                     LRB093 05504 MKM 15073 a

 1                     AMENDMENT TO HOUSE BILL 684

 2        AMENDMENT NO.     .  Amend House Bill  684  by  replacing
 3    everything after the enacting clause with the following:

 4        "Section  1.  Short  title.  This Act may be cited as the
 5    Disabilities Services Act of 2003.

 6        Section 5.  Purpose.  It is the purpose of  this  Act  to
 7    create  an  advisory  committee  to  develop  and implement a
 8    disabilities services  implementation  plan  as  provided  in
 9    Section 20 to ensure compliance by the State of Illinois with
10    the  Americans  with  Disabilities  Act  and  the decision in
11    Olmstead v. L.C., 119 S.Ct. 2176 (1999).

12        Section 10. Application of Act; definitions.
13        (a)  This Act applies to persons with  disabilities.  The
14    disabilities included are defined for purposes of this Act as
15    follows:
16        "Disability"   means  a  disability  as  defined  by  the
17    Americans with Disabilities Act of 1990 that is  attributable
18    to  a  developmental  disability,  a  mental  illness,  or  a
19    physical disability, or combination of those.
20        "Developmental  disability"  means  a  disability that is
21    attributable to mental retardation or a related condition.  A
 
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 1    related condition must meet all of the following conditions:
 2             (1)  It  must  be  attributable  to  cerebral palsy,
 3        epilepsy, or autism, or any other condition  (other  than
 4        mental  illness)  found  to  be closely related to mental
 5        retardation because that condition results in  impairment
 6        of  general intellectual functioning or adaptive behavior
 7        similar to that of individuals with  mental  retardation,
 8        and  requires  treatment  or  services  similar  to those
 9        required for those individuals.
10             (2)  It must be  manifested  before  the  individual
11        reaches age 22.
12             (3)  It must be likely to continue indefinitely.
13             (4)  It   must   result  in  substantial  functional
14        limitations in 3 or more of the following areas of  major
15        life  activity:  self-care, language, learning, mobility,
16        self-direction, and capacity for independent living.
17        "Mental Illness" means a  mental  or  emotional  disorder
18    verified  by  a  diagnosis  contained  in  the Diagnostic and
19    Statistical  Manual  of  Mental   Disorders-Fourth   Edition,
20    published by the American Psychiatric Association (DSM-IV) or
21    International   Classification  of  Diseases,  9th  Revision,
22    Clinical Modification (ICD-9-CM) that substantially impairs a
23    person's cognitive, emotional, or behavioral functioning,  or
24    any  combination  of those, excluding (i) conditions that may
25    be the focus of clinical attention but are not of  sufficient
26    duration  or  severity to be categorized as a mental illness,
27    such as parent-child relational problems,  partner-relational
28    problems,  sexual  abuse  of  a  child, bereavement, academic
29    problems, phase-of-life problems, and  occupational  problems
30    (collectively,  "V  codes"),  (ii)  organic disorders such as
31    substance   intoxication   dementia,   substance   withdrawal
32    dementia, Alzheimer's disease,  vascular  dementia,  dementia
33    due  to  HIV  infection, and dementia due to Creutzfeld-Jakob
34    disease  and  disorders  associated  with  known  or  unknown
 
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 1    physical conditions such as hallucinasis, amnestic  disorders
 2    and  delirium,  and  psychoactive  substance-induced  organic
 3    disorders,  and  (iii)  mental  retardation  or  psychoactive
 4    substance use disorders.
 5        "Mental   retardation"  means  significantly  sub-average
 6    general intellectual functioning existing  concurrently  with
 7    deficits  in  adaptive behavior and manifested before the age
 8    of 22 years.
 9        "Physical disability" means a disability  as  defined  by
10    the  Americans  with  Disabilities Act of 1990 that meets the
11    following criteria:
12             (1)  It is attributable to a physical impairment.
13             (2)  It  results   in   a   substantial   functional
14        limitation  in  3 or more of the following areas of major
15        life  activity:  (i)  self-care,   (ii)   receptive   and
16        expressive  language,  (iii) learning, (iv) mobility, (v)
17        self-direction, (vi) capacity for independent living, and
18        (vii) economic sufficiency.
19             (3)  It reflects the person's need for a combination
20        and sequence of special,  interdisciplinary,  or  general
21        care,  treatment,  or other services that are of lifelong
22        or of extended duration and must be individually  planned
23        and coordinated.
24        (b)  In this Act:
25        "Chronological  age-appropriate services" means services,
26    activities, and strategies for persons with disabilities that
27    are representative of the lifestyle activities of nondisabled
28    peers of similar age in the community.
29        "Comprehensive  evaluation"  means  procedures  used   by
30    qualified  professionals  selectively  with  an individual to
31    determine whether a person has a disability  and  the  nature
32    and  extent of the services that the person with a disability
33    needs.
34        "Department"  means  the   Department   on   Aging,   the
 
                            -4-      LRB093 05504 MKM 15073 a
 1    Department  of  Human  Services,  the  Department  of  Public
 2    Health,  the  Department  of  Public  Aid,  the University of
 3    Illinois Division  of  Specialized  Care  for  Children,  the
 4    Department  of Children and Family Services, and the Illinois
 5    State Board of Education, where appropriate, as designated in
 6    the implementation plan developed under Section 20.
 7        "Family" means a natural, adoptive, or foster  parent  or
 8    parents  or  other person or persons responsible for the care
 9    of an individual with a disability in a family setting.
10        "Family or individual support" means those resources  and
11    services  that are necessary to maintain an individual with a
12    disability within the family home or his  or  her  own  home.
13    These  services  may  include,  but  are not limited to, cash
14    subsidy, respite care, and counseling services.
15        "Independent service coordination" means a social service
16    that enables persons with disabilities and their families  to
17    locate,  use,  and  coordinate resources and opportunities in
18    their  communities  on  the   basis   of   individual   need.
19    Independent  service coordination is independent of providers
20    of services and funding sources and  is  designed  to  ensure
21    accessibility,  continuity of care, and accountability and to
22    maximize the  potential  of  persons  with  disabilities  for
23    independence,   productivity,   and   integration   into  the
24    community. Independent service coordination  includes,  at  a
25    minimum:  (i) outreach to identify eligible individuals; (ii)
26    assessment  and  periodic  reassessment  to  determine   each
27    individual's  strengths, functional limitations, and need for
28    specific services; (iii) participation in the development  of
29    a  comprehensive  individual  service or treatment plan; (iv)
30    referral to and linkage with needed  services  and  supports;
31    (v) monitoring to ensure the delivery of appropriate services
32    and  to  determine  individual  progress in meeting goals and
33    objectives;  and  (vi)  advocacy  to  assist  the  person  in
34    obtaining all services for which he or  she  is  eligible  or
 
                            -5-      LRB093 05504 MKM 15073 a
 1    entitled.
 2        "Individual  service  or treatment plan" means a recorded
 3    assessment of the needs of a  person  with  a  disability,  a
 4    description  of  the  services recommended, the goals of each
 5    type of element of service, an anticipated timetable for  the
 6    accomplishment  of  the  goals,  and  a  designation  of  the
 7    qualified professionals responsible for the implementation of
 8    the plan.
 9        "Least restrictive environment" means an environment that
10    represents  the  least  departure from the normal patterns of
11    living and that effectively meets the  needs  of  the  person
12    receiving the service.

13        Section  15.  Services.  Services  shall  be  provided in
14    accordance with the  individual  service  or  treatment  plan
15    developed   for   an   individual  under  this  Section.  The
16    individual  shall  initially  be   screened   for   potential
17    eligibility  by  the  appropriate  State  agency  and, if the
18    individual is  deemed  probably  eligible  for  a  disability
19    service   or  program,  a  comprehensive  evaluation  of  the
20    individual shall be conducted to determine the  services  and
21    programs  appropriate  for  that  individual.  The  array  of
22    available  services  shall  be  described in the Disabilities
23    Services Implementation Plan  required  under  this  Act  and
24    shall include, but need not be limited to:
25             (1)  Comprehensive   evaluation  and  diagnosis.   A
26        person with a suspected disability who  is  applying  for
27        Department-authorized  disability  services must receive,
28        after  an  initial  screening  and  a  determination   of
29        probable eligibility for a disability service or program,
30        a  comprehensive  diagnosis  and evaluation, including an
31        assessment  of  skills,  abilities,  and  potential   for
32        residential  and  work  placement,  adapted to his or her
33        primary language, cultural background, and ethnic origin.
 
                            -6-      LRB093 05504 MKM 15073 a
 1        All components of  a  comprehensive  evaluation  must  be
 2        administered by a qualified examiner.
 3             (2)  Individual service or treatment plan.  A person
 4        with  a  disability  shall receive services in accordance
 5        with a current individual service or treatment  plan.   A
 6        person  with a disability who is receiving services shall
 7        be provided  periodic  reevaluation  and  review  of  the
 8        individual  service or treatment plan, at least annually,
 9        in  order  to  measure  progress,  to  modify  or  change
10        objectives if necessary,  and  to  provide  guidance  and
11        remediation techniques.
12             A  person  with a disability and his or her guardian
13        have  the  right  to  participate  in  the  planning  and
14        decision-making process regarding the person's individual
15        service or treatment plan and to be informed in  writing,
16        or in that person's mode of communication, of progress at
17        reasonable time intervals.  Each person must be given the
18        opportunity   to  make  decisions  and  exercise  options
19        regarding  the  plan,  consistent   with   the   person's
20        capabilities. Family members and other representatives of
21        the person with a disability must be allowed, encouraged,
22        and  supported to participate as well, if the person with
23        a disability consents to that participation.
24             (3)  Nondiscriminatory access to services.  A person
25        with a disability may  not  be  denied  program  services
26        because of sex, ethnic origin, marital status, ability to
27        pay  (except  where contrary to law), or criminal record.
28        Specific program eligibility requirements with regard  to
29        disability,  level of need, age, and other matters may be
30        established by the Department by  rule.   The  Department
31        may  set priorities for the provision of services and for
32        determining the need  and  eligibility  for  services  in
33        accordance with available funding.
34             (4)  Family  or individual support.  A person with a
 
                            -7-      LRB093 05504 MKM 15073 a
 1        disability must be provided family or individual  support
 2        services,  or both, whenever possible and appropriate, to
 3        prevent unnecessary out-of-home placement and  to  foster
 4        independent   living  skills  when  authorized  for  such
 5        services.
 6             (5)  Residential choices and options.  A person with
 7        a disability who  requires  residential  placement  in  a
 8        supervised  or supported setting must be provided choices
 9        among various residential  options  when  authorized  for
10        those  services.   The  placement  must be offered in the
11        least  restrictive   environment   appropriate   to   the
12        individual.
13             (6)  Education.   A person with a disability has the
14        right to a free, appropriate public education as provided
15        in both State and federal law.   Each  local  educational
16        agency  must  prepare persons with disabilities for adult
17        living.  In anticipation of adulthood, each person with a
18        disability has the right to a transition  plan  developed
19        and  ready for implementation before the person's exit by
20        no later than the school year in which the person reaches
21        age 14, consistent with the requirements of  the  federal
22        Individuals  with  Disabilities Education Act and Article
23        XIV of the School Code.
24             (7)  Vocational   training.    A   person   with   a
25        disability must be  provided  vocational  training,  when
26        appropriate,    that    contributes   to   the   person's
27        independence and  employment  potential.   This  training
28        should include strategies and activities in programs that
29        lead   to   employment  and  reemployment  in  the  least
30        restrictive environment appropriate to the individual.
31             (8)  Employment.  A person with a disability has the
32        right to be employed free from  discrimination,  pursuant
33        to the Constitution and laws of this State.
34             (9)  Independent service coordination. A person with
 
                            -8-      LRB093 05504 MKM 15073 a
 1        a  disability  who  is receiving direct services from the
 2        Department   must   be   provided   independent   service
 3        coordination when needed.
 4             (10)  Due  process.  A  person  with  a   disability
 5        retains  the  rights of citizenship. Any person aggrieved
 6        by  a   decision  of  a  department  regarding   services
 7        provided  under  this Act must be given an opportunity to
 8        present complaints at a due  process  hearing  before  an
 9        impartial  hearing  officer designated by the director of
10        that  department.  Any  person  aggrieved  by   a   final
11        administrative   decision   rendered  following  the  due
12        process hearing may seek judicial review of that decision
13        pursuant to the  Administrative  Review  Law.   The  term
14        "administrative  decision" is defined as in Section 3-101
15        of the Code of Civil Procedure. Attorney's fees and costs
16        may be awarded to a prevailing  complainant  in  any  due
17        process  hearing or action for judicial review under this
18        Act.
19             The right to a hearing under this item  (10)  is  in
20        addition  to  any  other  rights under federal, State, or
21        local laws, however nothing  in  this  Section  shall  be
22        construed  as  requiring  the  establishment of a new due
23        process hearing procedure if one  already  exists  for  a
24        particular service or program.

25        Section 20.  Implementation.
26        (a)   The Governor shall appoint an advisory committee to
27    assist   in   the   development   and   implementation  of  a
28    Disabilities Services Implementation Plan  that  will  ensure
29    compliance  by  the State of Illinois with the Americans with
30    Disabilities Act and the decision in Olmstead  v.  L.C.,  119
31    S.Ct.  2176  (1999). The advisory committee shall be known as
32    the Illinois Disabilities  Services  Advisory  Committee  and
33    shall  be  composed  of  no  more than 33 members, including:
 
                            -9-      LRB093 05504 MKM 15073 a
 1    persons who  have  a  physical  disability,  a  developmental
 2    disability,  or  a mental illness; senior citizens; advocates
 3    for  persons  with  physical  disabilities;  advocates    for
 4    persons  with  developmental  disabilities;    advocates  for
 5    persons with mental illness; advocates for  senior  citizens;
 6    representatives  of  providers  of  services  to persons with
 7    physical disabilities, developmental disabilities, and mental
 8    illness; representatives of providers of services  to  senior
 9    citizens; and representatives of organized labor.
10        In addition, the following State officials shall serve on
11    the committee as ex-officio non-voting members: the Secretary
12    of   Human  Services  or  his  or  her  designee;  the  State
13    Superintendent of Education  or  his  or  her  designee;  the
14    Director  of  Aging  or  his  or  her designee; the Executive
15    Director of the Illinois Housing Development Authority or his
16    or her designee; the Director of Public Aid  or  his  or  her
17    designee;  and  the Director of Employment Security or his or
18    her designee.
19        The advisory committee shall select officers, including a
20    chair and a vice-chair.
21        The advisory committee shall meet at least quarterly  and
22    shall  keep official meeting minutes. Committee members shall
23    not be compensated but  shall  be  paid  for  their  expenses
24    related to attendance at meetings.
25        (b)  The  implementation  plan must include, but need not
26    be limited to, the following:
27             (1)  Establishing    procedures    for    completing
28        comprehensive  evaluations,  including   provisions   for
29        Department  review  and  approval of need determinations.
30        The Department may  utilize  independent  evaluators  and
31        targeted   or  sample  reviews  during  this  review  and
32        approval process, as it deems appropriate.
33             (2)  Establishing procedures for the development  of
34        an  individual  service or treatment plan for each person
 
                            -10-     LRB093 05504 MKM 15073 a
 1        with a disability, including  provisions  for  Department
 2        review and authorization.
 3             (3)  Identifying  core  services  to  be provided by
 4        agencies of the State of Illinois or other agencies.
 5             (4)  Establishing     minimum     standards      for
 6        individualized services.
 7             (5)  Establishing  minimum standards for residential
 8        services in the least restrictive environment.
 9             (6)  Establishing minimum standards  for  vocational
10        services.
11             (7)  Establishing due process hearing procedures.
12             (8)  Establishing   minimum   standards  for  family
13        support services.
14             (9)  Securing  financial  resources   necessary   to
15        fulfill  the  purposes  and  requirements  of  this  Act,
16        including  but  not  limited  to  obtaining  approval and
17        implementing waivers or demonstrations  authorized  under
18        federal law.
19        (c)  The  Governor,  with  the assistance of the Illinois
20    Disabilities Services Advisory Committee and the Secretary of
21    Human Services, is responsible  for  the  completion  of  the
22    implementation plan. The Governor must submit a report to the
23    General  Assembly by November 1, 2004, which must include the
24    following:
25             (1)  The implementation plan.
26             (2)  A description of current and  planned  programs
27        and  services  necessary  to meet the requirements of the
28        individual service or treatment plans  required  by  this
29        Act,  together  with the actions to be taken by the State
30        of  Illinois  to  ensure  that  those   plans   will   be
31        implemented.  This  description shall include a report of
32        related program and service  improvements  or  expansions
33        implemented by the Department since the effective date of
34        this Act.
 
                            -11-     LRB093 05504 MKM 15073 a
 1             (3)  The  estimated  costs  of  current  and planned
 2        programs  and  services  to   be   provided   under   the
 3        implementation plan.
 4             (4)  A   report   on  the  number  of  persons  with
 5        disabilities who may  be  eligible  to  receive  services
 6        under  this  Act, together with a report on the number of
 7        persons who are currently receiving those services.
 8             (5)  Any proposed changes in State  policies,  laws,
 9        or  regulations  necessary  to  fulfill  the purposes and
10        requirements of this Act.
11        (d)  The Governor, with the assistance of  the  Secretary
12    of  Human  Services, shall annually update the implementation
13    plan and report changes to the General Assembly by July 1  of
14    each  year. Initial implementation of the plan is required by
15    July 1, 2005.  The requirement of annual updates and  reports
16    expires  in  2008,  unless  otherwise extended by the General
17    Assembly.

18        Section 25.  Appropriations.  Services shall be  provided
19    under  this  Act  to  the extent that appropriations are made
20    available by  the  General  Assembly  for  the  programs  and
21    services indicated in the implementation plan.

22        Section  30.  Entitlements.  This Act does not create any
23    new entitlement to a service, program, or benefit, but  shall
24    not  be  construed  to  affect  any entitlement to a service,
25    program, or benefit created by any other law.

26        (405 ILCS 80/1-1 rep.)
27        (405 ILCS 80/1-2 rep.)
28        (405 ILCS 80/1-3 rep.)
29        (405 ILCS 80/1-4 rep.)
30        (405 ILCS 80/1-5 rep.)
31        Section  90.  The  Developmental  Disability  and  Mental
 
                            -12-     LRB093 05504 MKM 15073 a
 1    Disability Services Act is amended by repealing Sections 1-1,
 2    1-2,  1-3,  1-4,  and  1-5  (the  Developmental  Disabilities
 3    Services Law).

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