Full Text of HB2614 101st General Assembly
HB2614 101ST GENERAL ASSEMBLY |
| | 101ST GENERAL ASSEMBLY
State of Illinois
2019 and 2020 HB2614 Introduced , by Rep. Amy Grant SYNOPSIS AS INTRODUCED: |
|
405 ILCS 80/2-3 | from Ch. 91 1/2, par. 1802-3 |
|
Amends the Developmental Disability and Mental Disability Services Act. Includes in the definition of in one's "own home" that an adult with a mental disability lives in a facility licensed by a unit of local government authority with 4 or 5 other adults unrelated to the adult with a mental disability who do not provide home-based services to the adult with a mental disability.
|
| |
| | | FISCAL NOTE ACT MAY APPLY | |
| | A BILL FOR |
|
| | | HB2614 | | LRB101 09709 RLC 54808 b |
|
| 1 | | AN ACT concerning health.
| 2 | | Be it enacted by the People of the State of Illinois,
| 3 | | represented in the General Assembly:
| 4 | | Section 5. The Developmental Disability and Mental | 5 | | Disability Services Act is amended by changing Section 2-3 as | 6 | | follows:
| 7 | | (405 ILCS 80/2-3) (from Ch. 91 1/2, par. 1802-3)
| 8 | | Sec. 2-3. As used in this Article, unless the context | 9 | | requires otherwise:
| 10 | | (a) "Agency" means an agency or entity licensed by the | 11 | | Department
pursuant to this Article or pursuant to the | 12 | | Community Residential
Alternatives Licensing Act.
| 13 | | (b) "Department" means the Department of Human Services, as | 14 | | successor to
the Department of Mental Health and Developmental | 15 | | Disabilities.
| 16 | | (c) "Home-based services" means services provided to an | 17 | | adult with a mental disability who lives in his or her own | 18 | | home. These services include but are
not limited to:
| 19 | | (1) home health services;
| 20 | | (2) case management;
| 21 | | (3) crisis management;
| 22 | | (4) training and assistance in self-care;
| 23 | | (5) personal care services;
|
| | | HB2614 | - 2 - | LRB101 09709 RLC 54808 b |
|
| 1 | | (6) habilitation and rehabilitation services;
| 2 | | (7) employment-related services;
| 3 | | (8) respite care; and
| 4 | | (9) other skill training that enables a person to | 5 | | become self-supporting.
| 6 | | (d) "Legal guardian" means a person appointed by a court of | 7 | | competent
jurisdiction to exercise certain powers on behalf of | 8 | | an adult with a mental disability.
| 9 | | (e) "Adult with a mental disability" means a person over | 10 | | the age of 18 years
who lives in his or her own home; who needs | 11 | | home-based services,
but does not require 24-hour-a-day | 12 | | supervision; and who has one of the
following conditions: | 13 | | severe autism, severe mental illness, a severe or
profound | 14 | | intellectual disability, or severe and multiple impairments.
| 15 | | (f) In one's "own home" means that an adult with a mental | 16 | | disability lives
alone; or that an adult with a mental | 17 | | disability is in full-time residence with his
or her parents, | 18 | | legal guardian, or other relatives; or that an adult with a | 19 | | mental disability is in full-time residence in a setting not | 20 | | subject to
licensure under the Nursing Home Care Act, the | 21 | | Specialized Mental Health Rehabilitation Act of 2013, the ID/DD | 22 | | Community Care Act, the MC/DD Act, or the Child Care Act of | 23 | | 1969, as now or hereafter amended, with 3 or fewer other adults | 24 | | unrelated to the
adult with a mental disability who do not | 25 | | provide home-based services to the
adult with a mental | 26 | | disability , or a facility licensed by a unit of local |
| | | HB2614 | - 3 - | LRB101 09709 RLC 54808 b |
|
| 1 | | government authority with 4 or 5 other adults unrelated to the | 2 | | adult with a mental disability who do not provide home-based | 3 | | services to the adult with a mental disability .
| 4 | | (g) "Parent" means the biological or adoptive parent
of an | 5 | | adult with a mental disability, or a person licensed as a
| 6 | | foster parent under the laws of this State who acts as a foster | 7 | | parent to an adult with a mental disability.
| 8 | | (h) "Relative" means any of the following relationships
by | 9 | | blood, marriage or adoption: parent, son, daughter, brother, | 10 | | sister,
grandparent, uncle, aunt, nephew, niece, great | 11 | | grandparent, great uncle,
great aunt, stepbrother, stepsister, | 12 | | stepson, stepdaughter, stepparent or
first cousin.
| 13 | | (i) "Severe autism" means a lifelong developmental | 14 | | disability which is
typically manifested before 30 months of | 15 | | age and is characterized by
severe disturbances in reciprocal | 16 | | social interactions; verbal and
nonverbal communication and | 17 | | imaginative activity; and repertoire of
activities and | 18 | | interests. A person shall be determined severely
autistic, for | 19 | | purposes of this Article, if both of the following are present:
| 20 | | (1) Diagnosis consistent with the criteria for | 21 | | autistic disorder in
the current edition of the Diagnostic | 22 | | and Statistical Manual of Mental
Disorders.
| 23 | | (2) Severe disturbances in reciprocal social | 24 | | interactions; verbal and
nonverbal communication and | 25 | | imaginative activity; repertoire of activities
and | 26 | | interests. A determination of severe autism shall be based |
| | | HB2614 | - 4 - | LRB101 09709 RLC 54808 b |
|
| 1 | | upon a
comprehensive, documented assessment with an | 2 | | evaluation by a licensed
clinical psychologist or | 3 | | psychiatrist. A determination of severe autism
shall not be | 4 | | based solely on behaviors relating to environmental, | 5 | | cultural
or economic differences.
| 6 | | (j) "Severe mental illness" means the manifestation of all | 7 | | of the
following characteristics:
| 8 | | (1) A primary diagnosis of one of the major mental | 9 | | disorders
in the current edition of the Diagnostic and | 10 | | Statistical Manual of Mental
Disorders listed below:
| 11 | | (A) Schizophrenia disorder.
| 12 | | (B) Delusional disorder.
| 13 | | (C) Schizo-affective disorder.
| 14 | | (D) Bipolar affective disorder.
| 15 | | (E) Atypical psychosis.
| 16 | | (F) Major depression, recurrent.
| 17 | | (2) The individual's mental illness must substantially | 18 | | impair his
or her functioning in at least 2 of the | 19 | | following areas:
| 20 | | (A) Self-maintenance.
| 21 | | (B) Social functioning.
| 22 | | (C) Activities of community living.
| 23 | | (D) Work skills.
| 24 | | (3) Disability must be present or expected to be | 25 | | present for at least
one year.
| 26 | | A determination of severe mental illness shall be based |
| | | HB2614 | - 5 - | LRB101 09709 RLC 54808 b |
|
| 1 | | upon a
comprehensive, documented assessment with an evaluation | 2 | | by a licensed
clinical psychologist or psychiatrist, and shall | 3 | | not be based solely on
behaviors relating to environmental, | 4 | | cultural or economic differences.
| 5 | | (k) "Severe or profound intellectual disability" means a | 6 | | manifestation of all
of the following characteristics:
| 7 | | (1) A diagnosis which meets Classification in Mental | 8 | | Retardation or
criteria in the current edition of the | 9 | | Diagnostic and Statistical Manual of
Mental Disorders for | 10 | | severe or profound mental retardation (an IQ of 40 or
| 11 | | below). This must be measured by a standardized instrument | 12 | | for general
intellectual functioning.
| 13 | | (2) A severe or profound level of disturbed adaptive | 14 | | behavior. This
must be measured by a standardized adaptive | 15 | | behavior scale or informal
appraisal by the professional in | 16 | | keeping with illustrations in
Classification in Mental | 17 | | Retardation, 1983.
| 18 | | (3) Disability diagnosed before age of 18.
| 19 | | A determination of a severe or profound intellectual | 20 | | disability shall be based
upon a comprehensive, documented | 21 | | assessment with an evaluation by a
licensed clinical | 22 | | psychologist or certified school psychologist or a
| 23 | | psychiatrist, and shall not be based solely on behaviors | 24 | | relating to
environmental, cultural or economic differences.
| 25 | | (l) "Severe and multiple impairments" means the | 26 | | manifestation of all of
the following characteristics:
|
| | | HB2614 | - 6 - | LRB101 09709 RLC 54808 b |
|
| 1 | | (1) The evaluation determines the presence of a | 2 | | developmental
disability which is expected to continue | 3 | | indefinitely, constitutes a
substantial disability and is | 4 | | attributable to any of the following:
| 5 | | (A) Intellectual disability, which is defined as | 6 | | general intellectual
functioning that is 2 or more | 7 | | standard deviations below the mean
concurrent with | 8 | | impairment of adaptive behavior which is 2 or more | 9 | | standard
deviations below the mean. Assessment of the | 10 | | individual's intellectual
functioning must be measured | 11 | | by a standardized instrument for general
intellectual | 12 | | functioning.
| 13 | | (B) Cerebral palsy.
| 14 | | (C) Epilepsy.
| 15 | | (D) Autism.
| 16 | | (E) Any other condition which results in | 17 | | impairment similar to that
caused by an intellectual | 18 | | disability and which requires services similar to | 19 | | those
required by persons with intellectual | 20 | | disabilities.
| 21 | | (2) The evaluation determines multiple disabilities in | 22 | | physical, sensory,
behavioral or cognitive functioning | 23 | | which constitute a severe or profound
impairment | 24 | | attributable to one or more of the following:
| 25 | | (A) Physical functioning, which severely impairs | 26 | | the individual's motor
performance that may be due to:
|
| | | HB2614 | - 7 - | LRB101 09709 RLC 54808 b |
|
| 1 | | (i) Neurological, psychological or physical | 2 | | involvement resulting in a
variety of disabling | 3 | | conditions such as hemiplegia, quadriplegia or | 4 | | ataxia,
| 5 | | (ii) Severe organ systems involvement such as | 6 | | congenital heart defect,
| 7 | | (iii) Physical abnormalities resulting in the | 8 | | individual being
non-mobile and non-ambulatory or | 9 | | confined to bed and receiving assistance
in | 10 | | transferring, or
| 11 | | (iv) The need for regular medical or nursing | 12 | | supervision such as
gastrostomy care and feeding.
| 13 | | Assessment of physical functioning must be based | 14 | | on clinical medical
assessment by a physician licensed | 15 | | to practice medicine in all its branches,
using the | 16 | | appropriate instruments, techniques and standards of | 17 | | measurement
required by the professional.
| 18 | | (B) Sensory, which involves severe restriction due | 19 | | to hearing or
visual impairment limiting the | 20 | | individual's movement and creating
dependence in | 21 | | completing most daily activities. Hearing impairment | 22 | | is
defined as a loss of 70 decibels aided or speech | 23 | | discrimination of less
than 50% aided. Visual | 24 | | impairment is defined as 20/200 corrected in the
better | 25 | | eye or a visual field of 20 degrees or less.
Sensory | 26 | | functioning must be based on clinical medical |
| | | HB2614 | - 8 - | LRB101 09709 RLC 54808 b |
|
| 1 | | assessment by a
physician licensed to practice | 2 | | medicine in all its branches using the
appropriate | 3 | | instruments, techniques and standards of measurement | 4 | | required
by the professional.
| 5 | | (C) Behavioral, which involves behavior that is | 6 | | maladaptive and presents
a danger to self or others, is | 7 | | destructive to property by deliberately
breaking, | 8 | | destroying or defacing objects, is disruptive by | 9 | | fighting, or has
other socially offensive behaviors in | 10 | | sufficient frequency or severity to
seriously limit | 11 | | social integration. Assessment of behavioral | 12 | | functioning
may be measured by a standardized scale or | 13 | | informal appraisal by a clinical
psychologist or | 14 | | psychiatrist.
| 15 | | (D) Cognitive, which involves intellectual | 16 | | functioning at a measured IQ
of 70 or below. Assessment | 17 | | of cognitive functioning must be measured by a
| 18 | | standardized instrument for general intelligence.
| 19 | | (3) The evaluation determines that development is | 20 | | substantially less
than expected for the age in cognitive, | 21 | | affective or psychomotor behavior
as follows:
| 22 | | (A) Cognitive, which involves intellectual | 23 | | functioning at a measured IQ
of 70 or below. Assessment | 24 | | of cognitive functioning must be measured by a
| 25 | | standardized instrument for general intelligence.
| 26 | | (B) Affective behavior, which involves over and |
| | | HB2614 | - 9 - | LRB101 09709 RLC 54808 b |
|
| 1 | | under responding to
stimuli in the environment and may | 2 | | be observed in mood, attention to
awareness, or in | 3 | | behaviors such as euphoria, anger or sadness that
| 4 | | seriously limit integration into society. Affective | 5 | | behavior must be based
on clinical assessment using the | 6 | | appropriate instruments, techniques and
standards of | 7 | | measurement required by the professional.
| 8 | | (C) Psychomotor, which includes a severe | 9 | | developmental delay in fine or
gross motor skills so | 10 | | that development in self-care, social interaction,
| 11 | | communication or physical activity will be greatly | 12 | | delayed or restricted.
| 13 | | (4) A determination that the disability originated | 14 | | before the age of
18 years.
| 15 | | A determination of severe and multiple impairments shall be | 16 | | based upon a
comprehensive, documented assessment with an | 17 | | evaluation by a licensed
clinical psychologist or | 18 | | psychiatrist.
| 19 | | If the examiner is a licensed clinical psychologist, | 20 | | ancillary evaluation
of physical impairment, cerebral palsy or | 21 | | epilepsy must be made by a
physician licensed to practice | 22 | | medicine in all its branches.
| 23 | | Regardless of the discipline of the examiner, ancillary | 24 | | evaluation of
visual impairment must be made by an | 25 | | ophthalmologist or a licensed optometrist.
| 26 | | Regardless of the discipline of the examiner, ancillary |
| | | HB2614 | - 10 - | LRB101 09709 RLC 54808 b |
|
| 1 | | evaluation of
hearing impairment must be made by an | 2 | | otolaryngologist or an audiologist
with a certificate of | 3 | | clinical competency.
| 4 | | The only exception to the above is in the case of a person | 5 | | with cerebral
palsy or epilepsy who, according to the | 6 | | eligibility criteria listed below,
has multiple impairments | 7 | | which are only physical and sensory. In such a
case, a | 8 | | physician licensed to practice medicine in all its branches may
| 9 | | serve as the examiner.
| 10 | | (m) "Twenty-four-hour-a-day supervision" means | 11 | | 24-hour-a-day care by a
trained mental health or developmental | 12 | | disability professional on an ongoing
basis.
| 13 | | (Source: P.A. 98-104, eff. 7-22-13; 99-143, eff. 7-27-15; | 14 | | 99-180, eff. 7-29-15; 99-642, eff. 7-28-16.)
|
|