94TH GENERAL ASSEMBLY
State of Illinois
2005 and 2006
SB0438

 

Introduced 2/16/2005, by Sen. Wendell E. Jones

 

SYNOPSIS AS INTRODUCED:
 
405 ILCS 30/4.4 new
405 ILCS 30/4.5 new

    Amends the Community Services Act. Provides that whenever any appropriation, or any portion of an appropriation, for any fiscal year relating to the funding of any State-operated facility operated by the Office of Developmental Disabilities within the Department of Human Services or any mental health facility operated by the Office of Mental Health within the Department is reduced because of any of the following reasons, those moneys must be directed toward providing other services and supports for persons with developmental disabilities or mental health needs: (1) closing of a State-operated facility; (2) reduction of the number of available beds in a State-operated facility; or (3) reduction in the number of staff at a State-operated facility. Provides for the appointment of a Funding Reinvestment Advisory Task Force to assist the Department of Human Services in implementing these provisions. Effective immediately.


LRB094 10565 DRJ 40862 b

FISCAL NOTE ACT MAY APPLY

 

 

A BILL FOR

 

SB0438 LRB094 10565 DRJ 40862 b

1     AN ACT in relation to health.
 
2     Be it enacted by the People of the State of Illinois,
3 represented in the General Assembly:
 
4     Section 5. The Community Services Act is amended by adding
5 Sections 4.4 and 4.5 as follows:
 
6     (405 ILCS 30/4.4 new)
7     Sec. 4.4. Funding reinvestment.
8     (a) The purposes of this Section are as follows:
9         (1) The General Assembly recognizes that the United
10     States Supreme Court in Olmstead v. L.C. ex Rel. Zimring,
11     119 S. Ct. 2176 (1999), affirmed that the unjustifiable
12     institutionalization of a person with a disability who
13     could live in the community with proper support, and wishes
14     to do so, is unlawful discrimination in violation of the
15     Americans with Disabilities Act (ADA). The State of
16     Illinois, along with all other states, is required to
17     provide appropriate residential and community-based
18     support services to persons with disabilities who wish to
19     live in a less restrictive setting.
20         (2) It is the purpose of this Section to help fulfill
21     the State's obligations under the Olmstead decision by
22     maximizing the level of funds for both developmental
23     disability and mental health services and supports in order
24     to maintain and create an array of residential and
25     supportive services for people with mental health needs and
26     developmental disabilities whenever they are transferred
27     into another facility or a community-based setting.
28     (b) In this Section:
29     "Office of Developmental Disabilities" means the Office of
30 Developmental Disabilities within the Department of Human
31 Services.
32     "Office of Mental Health" means the Office of Mental Health

 

 

SB0438 - 2 - LRB094 10565 DRJ 40862 b

1 within the Department of Human Services.
2     (c) On and after the effective date of this amendatory Act
3 of the 94th General Assembly, every appropriation of State
4 moneys relating to funding for the Office of Developmental
5 Disabilities or the Office of Mental Health must comply with
6 this Section.
7     (d) Whenever any appropriation, or any portion of an
8 appropriation, for any fiscal year relating to the funding of
9 any State-operated facility operated by the Office of
10 Developmental Disabilities or any mental health facility
11 operated by the Office of Mental Health is reduced because of
12 any of the reasons set forth in the following items (1) through
13 (3), to the extent that savings are realized from these items,
14 those moneys must be directed toward providing other services
15 and supports for persons with developmental disabilities or
16 mental health needs:
17         (1) The closing of any such State-operated facility for
18     the developmentally disabled or mental health facility.
19         (2) Reduction in the number of available beds in any
20     such State-operated facility for the developmentally
21     disabled or mental health facility.
22         (3) Reduction in the number of staff employed in any
23     such State-operated facility for the developmentally
24     disabled or mental health facility.
25     (e) The purposes of redirecting this funding shall include,
26 but not be limited to, providing the following services and
27 supports for individuals with developmental disabilities and
28 mental health needs:
29         (1) Residence in the most integrated setting possible,
30     whether independent living in a private residence, a
31     Community Integrated Living Arrangement (CILA), a
32     supported residential program, an Intermediate Care
33     Facility for persons with Developmental Disabilities
34     (ICFDD), a supervised residential program, or supportive
35     housing, as appropriate.
36         (2) Rehabilitation and support services, including

 

 

SB0438 - 3 - LRB094 10565 DRJ 40862 b

1     assertive community treatment, case management, supportive
2     and supervised day treatment, and psychosocial
3     rehabilitation.
4         (3) Vocational or developmental training, as
5     appropriate, that contributes to the person's independence
6     and employment potential.
7         (4) Employment or supported employment, as
8     appropriate, free from discrimination pursuant to the
9     Constitution and laws of this State.
10         (5) In-home family supports, such as respite services
11     and client and family supports.
12         (6) Periodic reevaluation, as needed.
13     (f) An appropriation may not circumvent the purposes of
14 this Section by transferring moneys within the funding system
15 for services and supports for the developmentally disabled and
16 mentally ill and then compensating for this transfer by
17 redirecting other moneys away from these services to provide
18 funding for some other governmental purpose or to relieve other
19 State funding expenditures.
 
20     (405 ILCS 30/4.5 new)
21     Sec. 4.5. Funding Reinvestment Advisory Task Force.
22     (a) The Governor, in coordination with the Secretary of
23 Human Services, shall appoint a task force to assist the
24 Department of Human Services in implementing Section 4.4. The
25 task force shall consist of the following members:
26         (1) One Representative recommended by the Speaker of
27     the House of Representatives.
28         (2) One Representative recommended by the Minority
29     Leader of the House of Representatives.
30         (3) One Senator recommended by the President of the
31     Senate.
32         (4) One Senator recommended by the Minority Leader of
33     the Senate.
34         (5) One representative from the Office of
35     Developmental Disabilities within the Department of Human

 

 

SB0438 - 4 - LRB094 10565 DRJ 40862 b

1     Services.
2         (6) One representative from the Office of Mental Health
3     within the Department of Human Services.
4         (7) One representative from the Office of
5     Rehabilitation Services within the Department of Human
6     Services.
7         (8) One representative from the Department of Public
8     Aid.
9         (9) One community-based provider for individuals with
10     developmental disabilities.
11         (10) One community-based recreational provider for
12     individuals with developmental disabilities.
13         (11) One community-based provider for individuals with
14     mental health needs.
15         (12) One member representing entities that provide
16     funding for mental health services.
17         (13) Three members representing the advocate community
18     for the developmentally disabled.
19         (14) Three members representing the advocate community
20     for the mentally ill.
21     (b) In addition to assisting the Department in implementing
22 Section 4.4, the task force shall also assist in, but not be
23 limited to, the following:
24         (1) Quantifying the amount of money appropriated by the
25     legislature for expenditures relating to care for a person
26     in a State-operated facility for persons with
27     developmental disabilities or a mental health facility.
28         (2) Quantifying the amount of money appropriated by the
29     legislature for expenditures relating to care for a person
30     in a community-based setting.
31         (3) Identifying ways in which funding may be redirected
32     in total or in part to alternative services and supports an
33     individual transferring out of an institution may be
34     seeking.
35         (4) Identifying other state models and practices that
36     allow money to follow the individual throughout the system

 

 

SB0438 - 5 - LRB094 10565 DRJ 40862 b

1     of services and supports for individuals with
2     developmental disabilities and mental health needs.
3         (5) Identifying ways in which the Department can
4     maximize Medicaid funding and capture more federal
5     financial participation (FFP) for the purpose of expanding
6     developmental disability and mental health services and
7     supports.
8     (c) The task force shall be established no later than June
9 1, 2005 and shall submit a written report of its findings to
10 the General Assembly and the Office of the Governor no later
11 than January 1, 2006.
 
12     Section 99. Effective date. This Act takes effect upon
13 becoming law.