Full Text of HB3483 101st General Assembly
HB3483ham001 101ST GENERAL ASSEMBLY | Rep. Robyn Gabel Filed: 4/4/2019
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| 1 | | AMENDMENT TO HOUSE BILL 3483
| 2 | | AMENDMENT NO. ______. Amend House Bill 3483 by replacing | 3 | | everything after the enacting clause with the following:
| 4 | | "Section 5. The Department of Human Services Act is amended | 5 | | by changing Section 10-26 as follows:
| 6 | | (20 ILCS 1305/10-26)
| 7 | | Sec. 10-26. The PUNS database Disability database .
| 8 | | (a) The Department of Human Services shall compile and | 9 | | maintain a database of Illinois residents with an intellectual | 10 | | disability or a developmental disability, including an autism | 11 | | spectrum disorder, and Illinois residents with an intellectual | 12 | | disability or a developmental disability who are also diagnosed | 13 | | with a physical disability or mental illness and are in need of | 14 | | developmental disability services funded by the Department. | 15 | | The database shall be referred to as the Prioritization of | 16 | | Urgency of Need
for Services (PUNS) and shall include, but not |
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| 1 | | be limited to, children and youth, individuals transitioning | 2 | | from special education to post-secondary activities, | 3 | | individuals living at home or in the community, individuals in | 4 | | private nursing and residential facilities, and individuals in | 5 | | intermediate care facilities for persons with developmental | 6 | | disabilities. Individuals who are receiving services under any | 7 | | home and community-based services waiver program authorized | 8 | | under Section 1915(c) of the Social Security Act may remain on | 9 | | the PUNS database until they are offered services through a | 10 | | PUNS selection or demonstrate the need for and are awarded | 11 | | alternative services. | 12 | | (b) The PUNS database shall be used to foster a fair and | 13 | | orderly process for processing applications for developmental | 14 | | disabilities services funded by the Department, verifying | 15 | | information, keeping individuals and families who have applied | 16 | | for services informed of available services and anticipated | 17 | | wait times, determining unmet need, and informing the General | 18 | | Assembly and the Governor of unmet need statewide and within | 19 | | each representative district. | 20 | | (c) Independent service coordination agencies shall be the | 21 | | points of entry for individuals and families applying for | 22 | | developmental disability services funded by the Department. | 23 | | The information collected and maintained for PUNS shall | 24 | | include, but is not limited to, the following: (i) the types of | 25 | | services of which the individual is potentially in need; (ii) | 26 | | demographic and identifying information about the individual; |
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| 1 | | (iii) factors indicating need, including diagnoses, assessment | 2 | | information, ages of primary caregivers, and current living | 3 | | situation; (iv) the date information about the individual is | 4 | | submitted for inclusion in PUNS, and the types of services | 5 | | sought by the individual; and (v) the representative district | 6 | | in which the individual resides. In collecting and maintaining | 7 | | information under this Section, the Department shall give | 8 | | consideration to cost-effective appropriate services for | 9 | | individuals. | 10 | | (d) The Department shall respond to inquiries about | 11 | | anticipated PUNS selection dates and make available a | 12 | | Department e-mail address for such inquiries. Subject to | 13 | | appropriation, the Department shall offer a web-based | 14 | | verification and information-update application. The | 15 | | Department shall make all reasonable efforts to contact | 16 | | individuals on the PUNS database at least 2 times each year and | 17 | | provide information about the PUNS process, information | 18 | | regarding services that may be available to them prior to the | 19 | | time they are selected from PUNS, and advice on preparing for | 20 | | and seeking developmental disability services. At least one of | 21 | | the contacts must be from an independent service coordination | 22 | | agency. The Department may contact individuals on the PUNS | 23 | | database through a newsletter prepared by the Division of | 24 | | Developmental Disabilities. The Department shall provide | 25 | | information about PUNS to the general public on its website. | 26 | | (e) This amendatory Act of the 101st General Assembly does |
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| 1 | | not create any new entitlement to a service, program, or | 2 | | benefit but shall not affect any entitlement to a service, | 3 | | program, or benefit created by any other law. Except for a | 4 | | service, program, or benefit that is an entitlement, a service, | 5 | | program, or benefit provided as a result of the collection and | 6 | | maintenance of PUNS shall be subject to appropriations made by | 7 | | the General Assembly. | 8 | | (f) The Department, consistent with applicable federal and | 9 | | State law, shall make general information about PUNS available | 10 | | to the public such as: (i) the number of individuals | 11 | | potentially in need of each type of service, program, or | 12 | | benefit; and (ii) the general characteristics of those | 13 | | individuals. The Department shall protect the confidentiality | 14 | | of each individual in PUNS when releasing database information | 15 | | by not disclosing any personally identifying information. | 16 | | (g) The Department shall allow an individual who is: | 17 | | (1) a legal resident; | 18 | | (2) a dependent of a military service member; and | 19 | | (3) absent from the State due to the member's military | 20 | | service; | 21 | | to be added to PUNS to indicate the need for services upon | 22 | | return to the State. If the individual is selected from PUNS to | 23 | | receive services, the individual shall have 6 months from the | 24 | | date of the selection notification to apply for services and | 25 | | another 6 months to commence using the services. If an | 26 | | individual is receiving services funded by the Department and |
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| 1 | | the services are disrupted due to the military service member's | 2 | | need for the individual to leave the State because of the | 3 | | member's military service, the services shall be resumed upon | 4 | | the individual's return to the State if the individual is | 5 | | otherwise eligible. No payment made in accordance with this | 6 | | Section or Section 12-4.47 of the Illinois Public Aid Code | 7 | | shall be made for home and community based services provided | 8 | | outside the State of Illinois. The individual is required to | 9 | | provide the following to the Department: | 10 | | (i) a copy of the military service member's DD-214 or | 11 | | other equivalent discharge paperwork; and | 12 | | (ii) proof of the military service member's legal | 13 | | residence in the State, as prescribed by the Department. | 14 | | (a) The Department of Human Services shall compile and | 15 | | maintain a
cross-disability database of Illinois residents | 16 | | with a disability who are
potentially
in need of disability | 17 | | services funded by the Department. The database shall
consist | 18 | | of individuals with mental illness, physical disabilities,
| 19 | | developmental
disabilities, and autism spectrum disorders and | 20 | | shall include, but not be limited to, individuals
transitioning | 21 | | from
special education to adulthood, individuals in | 22 | | State-operated facilities, individuals
in private nursing and | 23 | | residential facilities, and individuals in community
| 24 | | integrated living arrangements. Within 30 days after the | 25 | | effective date of this
amendatory Act of the 93rd General | 26 | | Assembly, the Secretary of Human Services
shall seek input from |
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| 1 | | advisory bodies to the Department, including advisory
councils | 2 | | and committees working with the Department in the areas of | 3 | | mental
illness, physical disabilities, and developmental | 4 | | disabilities. The database
shall be
operational by July 1, | 5 | | 2004. The information collected and maintained for the
| 6 | | disability database shall include, but is not limited to, the | 7 | | following: (i)
the types of
services of which the individual is | 8 | | potentially in need; (ii) demographic and
identifying | 9 | | information about the individual; (iii) factors indicating | 10 | | need,
including
diagnoses, assessment information, age of | 11 | | primary caregivers, and current
living
situation; (iv) if | 12 | | applicable, the date information about the individual is
| 13 | | submitted for inclusion in the database and
the
types of | 14 | | services sought by the individual; and (v) the representative
| 15 | | district
in which the individual resides. In collecting and | 16 | | maintaining information
under
this Section, the Department | 17 | | shall give consideration to cost-effective
appropriate | 18 | | services for individuals.
| 19 | | (b) This amendatory Act of the 93rd General Assembly does | 20 | | not create
any new entitlement to a service, program, or | 21 | | benefit, but shall not affect any
entitlement to a service, | 22 | | program, or benefit created by any other law. Except
for
a | 23 | | service, program, or benefit that is an entitlement, a service, | 24 | | program, or
benefit provided as a result of the collection and | 25 | | maintenance of the
disability
database shall be subject to | 26 | | appropriations made by the General Assembly.
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| 1 | | (c) The Department, consistent with applicable federal and | 2 | | State law, shall
make general information from the disability
| 3 | | database available to the public such as: (i) the number of | 4 | | individuals
potentially
in need of each type of service, | 5 | | program, or benefit and (ii) the general
characteristics of | 6 | | those individuals. The Department shall protect the
| 7 | | confidentiality of each individual in the database when | 8 | | releasing database
information by
not disclosing any | 9 | | personally identifying information.
| 10 | | (d) The Department shall allow legal residents who are | 11 | | dependents of a military service member and who are absent from | 12 | | the State due to the member's military service to be added to | 13 | | the database to indicate the need for services upon return to | 14 | | the State. Should an individual in such a situation be selected | 15 | | from the database to receive services, the individual shall | 16 | | have 6 months from the date of the selection notification to | 17 | | apply for services and another 6 months to commence using such | 18 | | services. In the event an individual is receiving services | 19 | | funded by the Department and the services are disrupted due to | 20 | | the military service member's need for the individual to leave | 21 | | the State because of his or her military service, the services | 22 | | shall be resumed upon the individual's return to the State if | 23 | | the dependent is otherwise eligible. No payment pursuant to | 24 | | this Section or Section 12-4.47 of the Illinois Public Aid Code | 25 | | shall be made for home and community based services provided | 26 | | outside the State of Illinois. A dependent of a military |
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| 1 | | service member shall be required to provide the Department | 2 | | with: | 3 | | (1) a copy of the military service member's DD-214 or | 4 | | other equivalent discharge paperwork; and | 5 | | (2) proof of the military service member's legal | 6 | | residence in the State, as prescribed by the Department. | 7 | | (Source: P.A. 98-1000, eff. 8-18-14.)
| 8 | | Section 99. Effective date. This Act takes effect upon | 9 | | becoming law.".
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