093_SB0421

 
                                     LRB093 10644 DRJ 10953 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 1.  Short title.  This Act may be  cited  as  the
 5    Developmental 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. This Act
13    applies  to  persons  with  disabilities.  The   disabilities
14    included are defined for purposes of this Act as follows:
15        "Disability"   means  a  disability  as  defined  by  the
16    Americans with Disabilities Act of 1990 that is  attributable
17    to  a  developmental  disability,  a  mental  illness,  or  a
18    physical disability, or combination of those.
19        "Developmental  disability"  means  a  disability that is
20    attributable to mental retardation or a related condition.  A
21    related condition must meet all of the following conditions:
22             (1)  It  must  be  attributable  to  cerebral palsy,
23        epilepsy, or autism, or any other condition  (other  than
24        mental  illness)  found  to  be closely related to mental
25        retardation because that condition results in  impairment
26        of  general intellectual functioning or adaptive behavior
27        similar to that of individuals with  mental  retardation,
28        and  requires  treatment  or  services  similar  to those
29        required for those individuals.
30             (2)  It must be  manifested  before  the  individual
 
                            -2-      LRB093 10644 DRJ 10953 b
 1        reaches age 22.
 2             (3)  It must be likely to continue indefinitely.
 3             (4)  It   must   result  in  substantial  functional
 4        limitations in 3 or more of the following areas of  major
 5        life  activity:  self-care, language, learning, mobility,
 6        self-direction, and capacity for independent living.
 7        "Mental Illness" means a  mental  or  emotional  disorder
 8    verified  by  a  diagnosis  contained  in  the Diagnostic and
 9    Statistical  Manual  of  Mental   Disorders-Fourth   Edition,
10    published by the American Psychiatric Association (DSM-IV) or
11    International   Classification  of  Diseases,  9th  Revision,
12    Clinical Modification (ICD-9-CM) that substantially impairs a
13    person's cognitive, emotional, or behavioral functioning,  or
14    any  combination  of those, excluding (i) conditions that may
15    be the focus of clinical attention but are not of  sufficient
16    duration  or  severity to be categorized as a mental illness,
17    such as parent-child relational problems,  partner-relational
18    problems,  sexual  abuse  of  a  child, bereavement, academic
19    problems, phase-of-life problems, and  occupational  problems
20    (collectively,  "V  codes"),  (ii)  organic disorders such as
21    substance   intoxication   dementia,   substance   withdrawal
22    dementia, Alzheimer's disease,  vascular  dementia,  dementia
23    due  to  HIV  infection, and dementia due to Creutzfeld-Jakob
24    disease  and  disorders  associated  with  known  or  unknown
25    physical conditions such as hallucinasis, amnestic  disorders
26    and    delirium,   psychoactive   substance-induced   organic
27    disorders,  and  (iii)  mental  retardation  or  psychoactive
28    substance use disorders.
29        "Mental  retardation"  means  significantly   sub-average
30    general  intellectual  functioning existing concurrently with
31    deficits in adaptive behavior and manifested before  the  age
32    of   22   years.   "Significantly   sub-average"   means   an
33    intelligence  quotient  (IQ)  of  70 or below on standardized
34    measures of intelligence. This upper limit could be  extended
 
                            -3-      LRB093 10644 DRJ 10953 b
 1    upward  depending on the reliability of the intelligence test
 2    used.
 3        "Physical disability" means a disability  as  defined  by
 4    the  Americans  with  Disabilities Act of 1990 that meets the
 5    following criteria:
 6             (1)  It is attributable to a physical impairment.
 7             (2)  It  results   in   a   substantial   functional
 8        limitation  in  3 or more of the following areas of major
 9        life  activity:  (i)  self-care,   (ii)   receptive   and
10        expressive  language,  (iii) learning, (iv) mobility, (v)
11        self-direction, (vi) capacity for independent living, and
12        (vii) economic sufficiency.
13             (3)  It reflects the person's need for a combination
14        and sequence of special,  interdisciplinary,  or  general
15        care,  treatment,  or other services that are of lifelong
16        or of extended duration and must be individually  planned
17        and coordinated.
18        "Department"   means   the   Department   on  Aging,  the
19    Department  of  Human  Services,  the  Department  of  Public
20    Health, the Department  of  Public  Aid,  the  University  of
21    Illinois  Division  of  Specialized  Care  for  Children, the
22    Department of Children and Family Services, and the  Illinois
23    State Board of Education, where appropriate, as designated in
24    the implementation plan developed under Section 20.
25        "Independent service coordination" means a social service
26    that  enables persons with disabilities and their families to
27    locate, use, and coordinate resources  and  opportunities  in
28    their   communities   on   the   basis  of  individual  need.
29    Independent service coordination is independent of  providers
30    of  services  and  funding  sources and is designed to ensure
31    accessibility, continuity of care, and accountability and  to
32    maximize  the  potential  of  persons  with  disabilities for
33    independence,  productivity,   and   integration   into   the
34    community.  Independent  service  coordination includes, at a
 
                            -4-      LRB093 10644 DRJ 10953 b
 1    minimum: (i) outreach to identify eligible individuals;  (ii)
 2    assessment   and  periodic  reassessment  to  determine  each
 3    individual's strengths, functional limitations, and need  for
 4    specific  services; (iii) participation in the development of
 5    a comprehensive individual service or  treatment  plan;  (iv)
 6    referral  to  and  linkage with needed services and supports;
 7    (v) monitoring to ensure the delivery of appropriate services
 8    and to determine individual progress  in  meeting  goals  and
 9    objectives;  and  (vi)  advocacy  to  assist  the  person  in
10    obtaining  all  services  for  which he or she is eligible or
11    entitled.
12        "Chronological age-appropriate services" means  services,
13    activities, and strategies for persons with disabilities that
14    are representative of the lifestyle activities of nondisabled
15    peers of similar age in the community.
16        "Comprehensive   evaluation"  means  procedures  used  by
17    qualified professionals selectively  with  an  individual  to
18    determine  whether  a  person has a disability and the nature
19    and extent of the services that the person with a  disability
20    needs.
21        "Family"  means  a natural, adoptive, or foster parent or
22    parents or other person or persons responsible for  the  care
23    of an individual with a disability in a family setting.
24        "Family  or individual support" means those resources and
25    services that are necessary to maintain an individual with  a
26    disability  within  the  family  home or his or her own home.
27    These services may include, but  are  not  limited  to,  cash
28    subsidy, respite care, and counseling services.
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
 
                            -5-      LRB093 10644 DRJ 10953 b
 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.   In accordance with this Section
 7    and the individual service  or  treatment  plan  based  on  a
 8    comprehensive  evaluation, persons with disabilities shall be
 9    provided  the  following  services  under  the   Disabilities
10    Services Implementation Plan developed under Section 20:
11             (1)  Comprehensive   evaluation  and  diagnosis.   A
12        person with a suspected disability who  is  applying  for
13        Department-authorized  disability services must receive a
14        comprehensive  diagnosis  and  evaluation,  including  an
15        assessment  of  skills,  abilities,  and  potential   for
16        residential  and  work  placement,  adapted to his or her
17        primary language, cultural background, and ethnic origin.
18        All components of  a  comprehensive  evaluation  must  be
19        administered by a qualified examiner.
20             (2)  Individual service or treatment plan.  A person
21        with  a  disability  shall receive services in accordance
22        with a current individual service or treatment  plan.   A
23        person  with a disability who is receiving services shall
24        be provided  periodic  reevaluation  and  review  of  the
25        individual  service or treatment plan, at least annually,
26        in  order  to  measure  progress,  to  modify  or  change
27        objectives if necessary,  and  to  provide  guidance  and
28        remediation techniques.
29             A  person  with a disability and his or her guardian
30        have  the  right  to  participate  in  the  planning  and
31        decision-making process regarding the person's individual
32        service or treatment plan and to be informed in  writing,
33        or in that person's mode of communication, of progress at
 
                            -6-      LRB093 10644 DRJ 10953 b
 1        reasonable time intervals.  Each person must be given the
 2        opportunity   to  make  decisions  and  exercise  options
 3        regarding  the  plan,  consistent   with   the   person's
 4        capabilities. Family members and other representatives of
 5        the person with a disability must be allowed, encouraged,
 6        and  supported to participate as well, if the person with
 7        a disability consents to that participation.
 8             (3)  Nondiscriminatory access to services.  A person
 9        with a disability may  not  be  denied  program  services
10        because of sex, ethnic origin, marital status, ability to
11        pay  (except  where contrary to law), or criminal record.
12        Specific program eligibility requirements with regard  to
13        disability,  level of need, age, and other matters may be
14        established by the Department by  rule.   The  Department
15        may  set priorities for the provision of services and for
16        determining the need  and  eligibility  for  services  in
17        accordance with available funding.
18             (4)  Family  or individual support.  A person with a
19        disability must be provided family or individual  support
20        services,  or both, whenever possible and appropriate, to
21        prevent unnecessary out-of-home placement and  to  foster
22        independent   living  skills  when  authorized  for  such
23        services.
24             (5)  Residential choices and options.  A person with
25        a disability who  requires  residential  placement  in  a
26        supervised  or supported setting must be provided choices
27        among various residential  options  when  authorized  for
28        those  services.   The  placement  must be offered in the
29        most integrated setting appropriate.
30             (6)  Education.  A person with a disability has  the
31        right to a free, appropriate public education as provided
32        in  both  State  and federal law.  Each local educational
33        agency must prepare persons with disabilities  for  adult
34        living.  In anticipation of adulthood, each person with a
 
                            -7-      LRB093 10644 DRJ 10953 b
 1        disability  has  the right to a transition plan developed
 2        and ready for implementation before the person's exit  by
 3        no later than the school year in which the person reaches
 4        age  14,  consistent with the requirements of the federal
 5        Individuals with Disabilities Education Act  and  Article
 6        XIV of the School Code.
 7             (7)  Vocational   training.    A   person   with   a
 8        disability  must  be  provided  vocational training, when
 9        appropriate,   that   contributes   to    the    person's
10        independence  and  employment  potential.   This training
11        should include strategies and activities in programs that
12        lead  to  employment  and  reemployment   in   the   most
13        integrated setting appropriate to the individual.
14             (8)  Employment.  A person with a disability has the
15        right  to  be employed free from discrimination, pursuant
16        to the Constitution and laws of this State.
17             (9)  Independent service coordination. A person with
18        a disability who is receiving direct  services  from  the
19        Department   must   be   provided   independent   service
20        coordination when needed.
21             (10)  Due   process.  A  person  with  a  disability
22        retains the rights of citizenship. Any  person  aggrieved
23        by   a   decision  of  a  department  regarding  services
24        provided under this Act must be given an  opportunity  to
25        present  complaints  at  a  due process hearing before an
26        impartial hearing officer designated by the  director  of
27        that   department.   Any  person  aggrieved  by  a  final
28        administrative  decision  rendered  following   the   due
29        process hearing may seek judicial review of that decision
30        pursuant  to  the  Administrative  Review  Law.  The term
31        "administrative decision" is defined as in Section  3-101
32        of  the  Code  of  Civil Procedure. Prevailing attorney's
33        fees and costs may be awarded to the successful plaintiff
34        in any formal administrative  or  judicial  action  under
 
                            -8-      LRB093 10644 DRJ 10953 b
 1        this Act.
 2             The  right  to  a hearing under this item (10) is in
 3        addition to any other rights  under  federal,  State,  or
 4        local laws.

 5        Section 20.  Implementation.
 6        (a)  The  Governor,  with the assistance of the Secretary
 7    of Human Services, shall appoint  an  advisory  committee  to
 8    develop a Disabilities Services Implementation Plan that will
 9    ensure compliance by the State of Illinois with the Americans
10    with  Disabilities  Act and the decision in Olmstead v. L.C.,
11    119 S.Ct.  2176  (1999).  The  advisory  committee  shall  be
12    composed     of    persons    with    disabilities,    family
13    representatives, and individuals who represent each principal
14    State agency, local government agencies, and  nongovernmental
15    organizations   concerned  with  services  for  persons  with
16    disabilities.
17        (b)  The implementation plan must include, but  need  not
18    be limited to, the following:
19             (1)  Establishing    procedures    for    completing
20        comprehensive   evaluations,   including  provisions  for
21        Department review and approval  of  need  determinations.
22        The  Department  may  utilize  independent evaluators and
23        targeted  or  sample  reviews  during  this  review   and
24        approval process, as it deems appropriate.
25             (2)  Establishing  procedures for the development of
26        an individual service or treatment plan for  each  person
27        with  a  disability,  including provisions for Department
28        review and authorization.
29             (3)  Identifying core services  to  be  provided  by
30        agencies of the State of Illinois or other agencies.
31             (4)  Establishing      minimum     standards     for
32        individualized services.
33             (5)  Establishing minimum standards for  residential
 
                            -9-      LRB093 10644 DRJ 10953 b
 1        services in the least restrictive environment.
 2             (6)  Establishing  minimum  standards for vocational
 3        services.
 4             (7)  Establishing due process hearing procedures.
 5             (8)  Establishing  minimum  standards   for   family
 6        support services.
 7             (9)  Securing   financial   resources  necessary  to
 8        fulfill  the  purposes  and  requirements  of  this  Act,
 9        including but  not  limited  to  obtaining  approval  and
10        implementing  waivers  or demonstrations authorized under
11        federal law.
12        (c)  The Governor, with the assistance of  the  Secretary
13    of  Human  Services, is responsible for the completion of the
14    implementation plan. The Governor must submit a report to the
15    General Assembly by July 1,  2004,  which  must  include  the
16    following:
17             (1)  The implementation plan.
18             (2)  A  description  of current and planned programs
19        and services necessary to meet the  requirements  of  the
20        individual  service  or  treatment plans required by this
21        Act, together with the actions to be taken by  the  State
22        of   Illinois   to   ensure  that  those  plans  will  be
23        implemented. This description shall include a  report  of
24        related  program  and  service improvements or expansions
25        implemented by the Department since the effective date of
26        this Act.
27             (3)  The estimated  costs  of  current  and  planned
28        programs   and   services   to   be  provided  under  the
29        implementation plan.
30             (4)  A  report  on  the  number  of   persons   with
31        disabilities  who  may  be  eligible  to receive services
32        under this Act, together with a report on the  number  of
33        persons who are currently receiving those services.
34             (5)  Any proposed changes in State policies laws, or
 
                            -10-     LRB093 10644 DRJ 10953 b
 1        regulations   necessary   to  fulfill  the  purposes  and
 2        requirements of this Act.
 3        (d)  The Governor, with the assistance of  the  Secretary
 4    of  Human  Services, shall annually update the implementation
 5    plan and report changes to the General Assembly by July 1  of
 6    each  year. Initial implementation of the plan is required by
 7    July 1, 2005.  The requirement of annual updates and  reports
 8    expires  2009,  unless  otherwise  extended  by  the  General
 9    Assembly.

10        Section  25.  Appropriations.  Services shall be provided
11    under this Act to the extent  that  appropriations  are  made
12    available  by  the  General  Assembly  for  the  programs and
13    services indicated in the implementation plan.

14        (405 ILCS 80/1-1 rep.)
15        (405 ILCS 80/1-2 rep.)
16        (405 ILCS 80/1-3 rep.)
17        (405 ILCS 80/1-4 rep.)
18        (405 ILCS 80/1-5 rep.)
19        Section  90.  The  Developmental  Disability  and  Mental
20    Disability Services Act is amended by repealing Article I.

21        Section 99.  Effective date.  This Act takes effect  upon
22    becoming law.