093_SB0809sam001

 










                                     LRB093 08523 DRJ 12261 a

 1                    AMENDMENT TO SENATE BILL 809

 2        AMENDMENT NO.     .  Amend Senate Bill 809  by  replacing
 3    everything after the enacting clause with the following:

 4        "Section   5.  The   Mental   Health   and  Developmental
 5    Disabilities Administrative Act is amended by adding  Section
 6    72 as follows:

 7        (20 ILCS 1705/72 new)
 8        Sec. 72.  Intermittent care group homes.
 9        (a)  Definitions. In this Section:
10        "Service  provider"  means  a  not-for-profit provider of
11    services for the mentally ill.
12        "Trustee" means the trustee of a special needs trust  (i)
13    established  for  the benefit of a person with mental illness
14    and (ii) having as one of its purposes  the  provision  of  a
15    permanent residence for the person with mental illness.
16        (b)  A trustee may establish a group home housing up to 4
17    residents  with  similar  diagnoses  of  mental  illness  and
18    requiring  similar intermittent care. The home may be located
19    in any county in the State. The home must be approved by  the
20    United States Department of Housing and Urban Development for
21    Section 8 Project-Based Assistance.
22        (c)  The  trustee,  on behalf of the special needs trust,
 
                            -2-      LRB093 08523 DRJ 12261 a
 1    shall purchase the home with down-payment moneys provided  by
 2    (i)  the  family  of  one of the home's residents through the
 3    special needs trust or  (ii)  a  not-for-profit  provider  of
 4    services  for  the  mentally  ill,  or a combination of those
 5    sources.
 6        (d)  The  trustee  shall  rent  the  home  to  a  service
 7    provider at a fair market rental value as determined  by  the
 8    housing authority of the county in which the home is located.
 9    The  rent must cover payment of principal and interest on the
10    mortgage on the  home,  as  well  as  payment  of  taxes  and
11    insurance on the property and the cost of reasonably expected
12    repairs and maintenance.
13        (e)  The  trustee  shall  pay  all principal and interest
14    under the mortgage on the home as those amounts come due  and
15    shall  pay  the  cost  of property taxes and insurance on the
16    home and the cost of repairs and maintenance on the home. The
17    trustee shall pay for utility service to the home.
18        (f)  The  Department  shall  contract  with  the  service
19    provider who rents the home  to  provide  all  necessary  and
20    customary  services to the residents of the home. The service
21    provider must ensure that sufficient employees  are  assigned
22    to  the home to meet the needs of the residents and to comply
23    with the level of  care  necessary  for  the  residents.  The
24    service provider shall also provide the residents of the home
25    with   transportation   to  daily  programs,  social  events,
26    counseling, therapy, physician appointments,  and  places  of
27    employment.
28        (g)  The  Department  and  the service provider must take
29    all steps necessary to enroll the residents of  the  home  as
30    recipients  of  medical  assistance  under  Article  V of the
31    Illinois Public Aid Code and to seek reimbursement under that
32    program for services provided to the residents.".