HB5326 96TH GENERAL ASSEMBLY

LRB096 15703 KTG 30939 b

96TH GENERAL ASSEMBLY
State of Illinois
2009 and 2010
HB5326

Introduced 2/5/2010, by Rep. Esther Golar

SYNOPSIS AS INTRODUCED:

New Act

Creates the Consumer Alternatives Program Act. Directs the Department of Human Services to implement the Consumer Alternatives Program to prevent or avoid the unnecessary institutionalization of individuals with mental or substance use disorders or a co-occurring disorder of mental illness and substance abuse, and to provide cost effective, community residential settings and supports that enable these individuals to live successfully in the community. Requires implementation of the Program during fiscal year 2011. Contains provisions concerning the funding and establishment of community-based services and community-based integrated residential settings; training programs on community-based alternatives for institutional discharge staff; and outreach activities. Provides that participants in the program may receive certain services including a comprehensive evaluation and diagnosis assessment; family or individual support services; case coordination services; and vocational training. Prohibits discrimination in employment based on an individual's mental or substance abuse disorder. Requires the Department of Commerce and Economic Opportunity to assist the Department of Human Services in developing housing assistance programs aimed at promoting and assisting individuals in their transition from institution-living to community-based residency. Effective July 1, 2010.

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 1. Short title. This Act may be cited as the Consumer Alternatives Program Act.

Section 5. Purpose. The purpose of this Act is to prevent or avoid the unnecessary institutionalization of individuals with mental or substance use disorders, or a co-occurring disorder of mental illness and substance abuse, and to provide cost effective, community residential settings and supports that enable these individuals to live successfully in the community.

Section 10. Definitions. As used in this Act:

"Individual with a disability" means any of the following:

(1) An adult individual who has a physical impairment of drug addiction or alcoholism or both, or mental impairment, that substantially limits one or more of the individual's major life activities.

(2) An adult individual who has a record of a physical impairment of drug addiction or alcoholism or both, or mental impairment, that substantially limits one or more of the individual's major life activities.

(3) An adult individual who is regarded as having a physical impairment of drug addiction or alcoholism or both, or mental impairment, whether the individual has the impairment or not.

"Mental impairment" means a mental or psychological disorder or emotional or mental illness.

"Physical impairment" means drug addiction or alcoholism or both.

"Stakeholder" means an advocacy organization or service provider whose mission includes advocacy for or provision of quality services to individuals with a disability of mental illness, substance abuse, or a co-occurring disorder of mental illness and substance abuse.

"Department" means the Department of Human Services.

"Program" means the Consumer Alternatives Program.

Section 15. Implementation of the Consumer Alternatives Program. The Department of Human Services is directed to implement the Consumer Alternatives Program for individuals with a mental or substance use disorder or co-occurring disability of mental illness and substance abuse. The Program shall be designed to provide a system of services and supports that enable those individuals to live in the most integrated community-based setting. The Department shall begin implementation of the Program during fiscal year 2011 and shall adopt rules for the selection of the initial Program participants. The Department of Healthcare and Family Services, the Department of Public Health, and other State agencies as appropriate shall cooperate fully with the Department in fulfilling the Program's requirements.

Section 20. Community services. In order to prevent or avoid the institutionalization of individuals with a disability due to a mental or substance use disorder, or a mental illness and substance abuse co-occurring disorder, the Department shall implement, coordinate, monitor, and evaluate community services for individuals with disabilities in Illinois in cooperation with all governmental and private resources, organizations, and stakeholders. Services shall address the needs of adult individuals with disabilities, in the following disability areas:

(1) Mental illness.

(2) Alcoholism or substance abuse or both.

(3) Mental illness and substance abuse.

Section 25. Duties; Program components.

(a) From existing funds and funds appropriated by the General Assembly, the Department shall do the following:

(1) In order to prevent or avoid unnecessary institutionalization, establish a comprehensive plan to develop and maintain a statewide system of community-based services that reflect the choices and needs of individuals with a mental or substance use disorder or a co-occurring disorder of mental illness and substance abuse, and their families.

(2) Carry out all functions and duties required by law through collaboration with individuals with a mental or substance use disorder or a co-occurring disorder of mental illness and substance abuse, their families and guardians, community organizations, and providers throughout the State.

(3) Facilitate or provide technical assistance to community service providers in planning, developing, and implementing services and supports for individuals with a mental or substance use disorder or a co-occurring disorder of mental illness and substance abuse, and their families.

(b) From funds appropriated by the General Assembly to the Department, the Secretary of the Department shall establish initiatives including, but not limited to, the Program to prevent and correct inappropriate institutionalization to ensure that individuals needing alternative services are served in the most integrated setting.

(c) The Program's components shall include the following:

(1) Policies to avoid inappropriate placement of an individual in an institution, including general acute care hospitals, hospitals with distinct parts for psychiatric care, free standing public or private psychiatric hospitals, residential treatment facilities, and nursing facilities.

(2) Additional community-based integrated residential settings with appropriate community supports in accordance with an individual program plan or an individual treatment plan, or both.

(3) Training programs on community-based alternatives for institutional discharge staff that treat individuals with disabilities.

(4) A process to inform an individual of all available options for his or her care before that individual makes a decision on his or her placement.

(5) A specialist who will assist the individual, prior to placement, in making the move from an institution to a community setting.

(6) Outreach activities to identify individuals in institutions who may wish to move. The Department shall establish the qualifications of persons or organizations, or both, that perform the outreach for community-based organizations funded through the Program. The guardian of the individual, if any, must be afforded the opportunity to be involved with the outreach process and the resident.

Section 30. Provision of services. In accordance with an individual program plan or an individual treatment plan, or both, based on a comprehensive evaluation, individuals with a mental or substance use disorder, or a co-occurring disorder of mental illness and substance abuse, may be provided the services described in the following Sections.

Section 35. Comprehensive evaluation and diagnosis. An individual with a mental or substance use disorder, or a co-occurring disorder of mental illness and substance abuse, who is applying for services is entitled to receive a comprehensive evaluation and diagnosis including an assessment of skills, abilities, and potential for residential and work placement, adapted to his or her primary language, cultural background, and ethnic origin.

Section 40. Individual program or treatment plan. An individual with a mental or substance use disorder, or a co-occurring disorder of mental illness and substance abuse, is entitled to receive services in accordance with a current individual program plan or an individual treatment plan, or both. An individual with a disability who is receiving services shall be provided periodic reevaluation and review of the individual program plan or individual treatment plan, or both, in order to measure progress, to modify or change objectives, if necessary, and to provide guidance and remediation techniques. An individual with a disability and his or her representatives have the right to participate in the planning and decision-making process regarding the individual's program plan and to be informed in writing, or in that individual's mode of communication, of progress at reasonable time intervals. Each individual must be given the opportunity to make decisions and exercise options regarding the plan, consistent with the individual's capabilities.

Section 45. Nondiscriminatory access to services. An individual with a mental or substance use disorder, or a co-occurring disorder of mental illness and substance abuse, may not be denied program services because of age, sex, ethnic origin, marital status, ability to pay (except when contrary to law), record, degree of disability, or illness.

Section 50. Family or individual support. An individual with a mental or substance use disorder, or a co-occurring disorder of mental illness and substance abuse, must be provided family or individual support services, or both, in accordance with a current individual program plan or an individual treatment plan, or both, to prevent unnecessary out-of-home placement and to foster independent living skills.

Section 55. Residential choices. An individual with a mental or substance use disorder, or a co-occurring disorder of mental illness and substance abuse, who requires residential placement in a supervised or supported setting must be provided a choice among available, clinically appropriate, residential options. The placement must be offered in the most integrated community setting possible.

Section 60. Vocational training. An individual with a mental or substance use disorder, or a co-occurring disorder of mental illness and substance abuse, must be provided vocational training, when appropriate, in accordance with a current individual program plan or an individual treatment plan, or both, that contributes to the individual's independence and employment potential. This training must include strategies and activities in programs that lead to employment and reemployment.

Section 65. Employment. An individual with a mental or substance use disorder, or a co-occurring disorder of mental illness and substance abuse, has the right to not be discriminated against in employment, pursuant to the Constitution and laws of this State.

Section 70. Case coordination services. An individual with a mental or substance use disorder, or a co-occurring disorder of mental illness and substance abuse, must be provided case coordination services, as appropriate, in accordance with a current individual program plan or an individual treatment plan, or both.

Section 75. Due process; judicial review.

(a) An individual with a mental or substance use disorder, or a co-occurring disorder of mental illness and substance abuse, retains the rights of citizenship. Any individual aggrieved by a decision made by a department of State government regarding services provided under this Act must be given an opportunity to present complaints at a due process hearing before a hearing officer designated by the director of that department.

(b) Any individual aggrieved by a final administrative decision rendered following the due-process hearing may seek judicial review of that decision pursuant to the Administrative Review Law of the Code of Civil Procedure. For purposes of this Section "administrative decision" has the meaning ascribed to it in Section 3-101 of the Code of Civil Procedure. Reasonable attorney's fees and costs may be awarded to the successful plaintiff in any formal administrative or judicial action.

(c) The right to a hearing under this Section is in addition to any other rights under federal, State, or local laws.

Section 80. Transitional living assistance. The Department of Human Services shall lead a coordinated effort with the Department of Commerce and Economic Opportunity to further develop housing assistance programs to promote the ability of individuals with a mental or substance use disorder, or a co-occurring disorder of mental illness and substance abuse, to move from institutions to the most integrated community residence. The housing assistance program shall address eligibility criteria, the period a person may receive assistance, the types of housing expenses to be covered, and the locations of the programs. The Department of Human Services shall administer the program and may seek the advice of the Department of Commerce and Economic Opportunity for this purpose.

Section 99. Effective date. This Act takes effect July 1, 2010.