093_HB0684ren

 
HB0684 Re-Enrolled                   LRB093 05504 MKM 05595 b

 1        AN ACT concerning disabled persons.

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

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

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

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

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

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

24        (405 ILCS 80/1-1 rep.)
25        (405 ILCS 80/1-2 rep.)
26        (405 ILCS 80/1-3 rep.)
27        (405 ILCS 80/1-4 rep.)
28        (405 ILCS 80/1-5 rep.)
29        Section  90.  The  Developmental  Disability  and  Mental
30    Disability Services Act is amended by repealing Sections 1-1,
31    1-2,  1-3,  1-4,  and  1-5  (the  Developmental  Disabilities
 
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 1    Services Law).

 2        Section  99.  Effective date.  This Act takes effect upon
 3    becoming law.