SB2086 101ST GENERAL ASSEMBLY

LRB101 07605 RLC 52652 b

101ST GENERAL ASSEMBLY
State of Illinois
2019 and 2020
SB2086

Introduced 2/15/2019, by Sen. Laura Fine

SYNOPSIS AS INTRODUCED:

20 ILCS 1705/4.5 new
405 ILCS 30/4.4

Amends the Mental Health and Developmental Disabilities Administrative Act. Provides that no later than October 1, 2022, the Department of Human Services shall transfer each individual with an intellectual disability or a developmental disability residing in a non-Medicaid certified facility or residence funded by the Department to the State's Home and Community-Based Services Waiver Program for Persons with Developmental Disabilities or to a Medicaid-certified residence or facility. Prior to the transfer of any individual under this provision, the individual shall be evaluated by an independent community-based multidisciplinary clinical team that will work with the individual and an independent service coordination agency to develop a person-centered plan for the individual up to the amount of funding currently being allocated for the needs of the individual in the non-Medicaid certified facility or residence. Provides that the net savings realized from the implementation of this provision shall be reinvested in community-based residential and support services to individuals with intellectual disabilities and developmental disabilities. Amends the Community Services Act to make conforming changes.

FISCAL NOTE ACT MAY APPLY

A BILL FOR

AN ACT concerning health.

Be it enacted by the People of the State of Illinois, represented in the General Assembly:

Section 5. The Mental Health and Developmental Disabilities Administrative Act is amended by adding Section 4.5 as follows:

(20 ILCS 1705/4.5 new)

Sec. 4.5. Non-Medicaid certified facilities and residences for individuals with intellectual disabilities or developmental disabilities.

(a) No later than October 1, 2022, the Department shall transfer each individual with an intellectual disability or a developmental disability residing in a non-Medicaid certified facility or residence funded by the Department to the State's Home and Community-Based Services Waiver Program for Persons with Developmental Disabilities or to a Medicaid-certified residence or facility. Prior to the transfer of any individual under this Section, the individual shall be evaluated by an independent community-based multidisciplinary clinical team that will work with the individual and an independent service coordination agency to develop a person-centered plan for the individual up to the amount of funding currently being allocated for the needs of the individual in the non-Medicaid certified facility or residence. As used in this Section, "non-Medicaid certified facility or residence" means a facility or residence for individuals with intellectual disabilities or developmental disabilities that is not eligible for Medicaid reimbursement and is not under the licensure and oversight of the Department of Public Health.

(b) The Department shall report to the General Assembly and the Governor on or before March 1 of each year until there are no individuals residing in non-Medicaid certified facilities and residences, with the first report due on March 1, 2020. The reports shall include, but not necessarily be limited to, the number of individuals transferred, the number of transferred individuals receiving services under the State's Home and Community-Based Services Waiver Program for Persons with Developmental Disabilities, the types of facilities and residential settings to which individuals were transferred, the number of individuals remaining in non-Medicaid certified facilities and residences, and the net savings realized including the amount of Medicaid matching funds received.

(c) While individuals continue to reside in non-Medicaid certified facilities and residences funded by the Department, the Department shall conduct regular compliance visits and issue reports on the condition of such facilities and residences and their compliance with the licensing standards of the Department.

(d) The net savings realized from the implementation of this Section shall be reinvested in community-based residential and support services for individuals with intellectual disabilities and developmental disabilities under Section 4.4 of the Community Services Act.

(e) This Section does not apply to an individual who is ordered into the custody of the Department by a court and for whom a non-Medicaid certified facility or residence has been determined by the Department to be an appropriate setting for forensic treatment.

Section 10. The Community Services Act is amended by changing Section 4.4 as follows:

(405 ILCS 30/4.4)

Sec. 4.4. Funding reinvestment.

(a) The purposes of this Section are as follows:

(1) The General Assembly recognizes that the United States Supreme Court in Olmstead v. L.C. ex Rel. Zimring, 119 S. Ct. 2176 (1999), affirmed that the unjustifiable institutionalization of a person with a disability who could live in the community with proper support, and wishes to do so, is unlawful discrimination in violation of the Americans with Disabilities Act (ADA). The State of Illinois, along with all other states, is required to provide appropriate residential and community-based support services to persons with disabilities who wish to live in a less restrictive setting.

(2) It is the purpose of this Section to help fulfill the State's obligations under the Olmstead decision by maximizing the level of funds for both developmental disability and mental health services and supports in order to maintain and create an array of residential and supportive services for people with mental health needs and developmental disabilities whenever they are transferred into another facility or a community-based setting.

(b) In this Section:

"Office of Developmental Disabilities" means the Office of Developmental Disabilities within the Department of Human Services.

"Office of Mental Health" means the Office of Mental Health within the Department of Human Services.

(c) On and after the effective date of this amendatory Act of the 94th General Assembly, every appropriation of State moneys relating to funding for the Office of Developmental Disabilities or the Office of Mental Health must comply with this Section.

(d) 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 or any mental health facility operated by the Office of Mental Health is reduced because of any of the reasons set forth in the following items (1) through (3), to the extent that savings are realized from these items, those moneys must be directed toward providing other services and supports for persons with developmental disabilities or mental health needs:

(1) The closing of any such State-operated facility for persons with developmental disabilities or mental health facility.

(2) Reduction in the number of units or available beds in any such State-operated facility for persons with developmental disabilities or mental health facility.

(3) Reduction in the number of staff employed in any such State-operated facility for persons with developmental disabilities or mental health facility.

(4) Transfer of individuals with intellectual disabilities and developmental disabilities from non-Medicaid certified facilities and residences to the State's Home and Community-Based Services Waiver Program for Persons with Developmental Disabilities or to Medicaid-certified facilities and residences.

In determining whether any savings are realized from items (1) through (3), sufficient moneys shall be made available to ensure that there is an appropriate level of staffing and that life, safety, and care concerns are addressed so as to provide for the remaining persons with developmental disabilities or mental illness at any facility in the case of item (2) or (3) or, in the case of item (1), such remaining persons at the remaining State-operated facilities that will be expected to handle the individuals previously served at the closed facility.

(e) The purposes of redirecting this funding shall include, but not be limited to, providing the following services and supports for individuals with developmental disabilities and mental health needs:

(1) Residence in the most integrated setting possible, whether independent living in a private residence, a Community Integrated Living Arrangement (CILA), a supported residential program, an Intermediate Care Facility for persons with Developmental Disabilities (ICFDD), a supervised residential program, or supportive housing, as appropriate.

(2) Residence in another State-operated facility.

(3) Rehabilitation and support services, including assertive community treatment, case management, supportive and supervised day treatment, and psychosocial rehabilitation.

(4) Vocational or developmental training, as appropriate, that contributes to the person's independence and employment potential.

(5) Employment or supported employment, as appropriate, free from discrimination pursuant to the Constitution and laws of this State.

(6) In-home family supports, such as respite services and client and family supports.

(7) Periodic reevaluation, as needed.

(f) An appropriation may not circumvent the purposes of this Section by transferring moneys within the funding system for services and supports for persons with developmental disabilities and the mentally ill and then compensating for this transfer by redirecting other moneys away from these services to provide funding for some other governmental purpose or to relieve other State funding expenditures.

(Source: P.A. 99-143, eff. 7-27-15.)