Synopsis As Introduced Amends the Mental Health and Developmental Disabilities Administrative Act. Requires each individual with mental retardation and related developmental disabilities who exhibits behavioral challenges to have an individualized behavioral support plan that: (i) is designed to meet individual needs; (ii) is non-aversive; (iii) teaches the individual new skills; (iv) provides alternatives to challenging behaviors; (v) offers opportunities for choice and social integration; and (vi) allows for environmental modifications. Provides guidelines for the implementation of the plan. Prohibits the use of aversive behavioral support, intervention techniques that cause psychological pain, and deprivation techniques. Effective immediately.
House Committee Amendment No. 1 Deletes everything after the enacting clause. Reinserts the provisions of the bill as introduced, but makes the following changes. Defines "behavioral challenges". Provides that, to the extent that the provisions conflict with Article 1 of Chapter II of the Mental Health and Developmental Disabilities Code, the Mental Health and Developmental Disabilities Code controls. Effective immediately.
House Floor Amendment No. 3 Deletes everything after the enacting clause. Reinserts the provisions of the bill as introduced, but makes the following changes. Defines "community-based residential program". Requires each individual support plan to be in the immediate and long-term best interests of the individual. Requires the plan to be based on a functional behavioral assessment (now, analysis) conducted by a professional trained in its use (now, trained in professional best practices in behavioral analysis). Prohibits certain types of interventions. Provides that the Department of Human Services is responsible for developing and promulgating rules to implement and carry out these provisions. Effective immediately.
Replaces everything after the enacting clause. Creates the FY2006 Budget Implementation (Human Services) Act for the purpose of making changes in State programs that are necessary to implement the Governor's FY2006 budget recommendations concerning human services. Amends the Illinois Administrative Procedure Act; authorizes emergency rulemaking to implement any provision of this amendatory Act or any other budget initiative for fiscal year 2006, except that the 24-month limitation on the adoption of emergency rules and certain provisions concerning JCAR do not apply to such emergency rules; and provides that the Department of Public Aid may also adopt emergency rules necessary to administer the Illinois Public Aid Code, the Senior Citizens and Disabled Persons Property Tax Relief and Pharmaceutical Assistance Act, the Senior Citizens and Disabled Persons Prescription Drug Discount Program Act, and the Children's Health Insurance Program Act. Amends the Illinois Act on the Aging; in provisions concerning annual audits of chore/housekeeping and homemaking vendors, requires that vendors' procedures be in compliance with the Department on Aging's financial reporting guidelines requiring an administrative and employee wage and benefits cost split as defined in administrative rules (instead of requiring a 27% administrative cost split and a 73% employee wages and benefits cost split). Amends the Children's Health Insurance Program Act; provides that persons enrolled in a health benefits waiver program under the Act are subject to certain cost-sharing requirements; provides that health insurance premiums and co-payments apply to adults as well as to children, and sets forth premium amounts for families with 4 or with 5 or more family members. Amends the Illinois Public Aid Code: (1) in provisions concerning Medicaid standards of payment for nursing homes, provides that no rate increase and no update for inflation shall be provided before July 1, 2006 (instead of 2005); (2) in provisions concerning Medicaid pharmacy payments, deletes provisions concerning a limitation of 4 brand name prescription drugs per patient per month; (3) provides that the Department of Public Aid shall renegotiate the contracts with health maintenance organizations and managed care community networks that took effect August 1, 2003, so as to produce $70,000,000 savings to the Department net of resulting increases to the fee-for-service program for State fiscal year 2006; and (4) in provisions concerning medical services for certain noncitizens, deletes references to appropriations, authorizes the Department of Public Aid to take action to assure that payments under these provisions do not exceed available funds, and deletes provisions concerning emergency rulemaking. Amends the All-Inclusive Care for the Elderly Act; provides that "frail elderly" means an individual who meets the age (as well as functional) eligibility requirements established by the Department of Public Aid (deletes references to eligibility requirements established by the Department on Aging and a requirement that the individual be age 65 or older); provides for implementation of the PACE program pursuant to the provisions of the approved Title XIX State plan (instead of as a demonstration program), and provides that specific arrangements of the risk-based financing model shall be adopted and negotiated by the federal Centers for Medicare and Medicaid Services (instead of the Health Care Financing Administration). Effective July 1, 2005.