Full Text of SB1674 103rd General Assembly
SB1674ham001 103RD GENERAL ASSEMBLY | Rep. Lindsey LaPointe Filed: 5/8/2023
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| 1 | | AMENDMENT TO SENATE BILL 1674
| 2 | | AMENDMENT NO. ______. Amend Senate Bill 1674 by replacing | 3 | | everything after the enacting clause with the following:
| 4 | | "Section 5. The Developmental Disability and Mental | 5 | | Disability Services Act is amended by changing the heading of | 6 | | Article VII-A and Section 7A-1 and by adding Sections 7A-2, | 7 | | 7A-3, and 7A-4 as follows: | 8 | | (405 ILCS 80/Art. VII-A heading) | 9 | | ARTICLE VII-A. STABILIZATION SUPPORT PILOT PROGRAMS DIVERSION | 10 | | FROM FACILITY-BASED CARE PROGRAM
| 11 | | (Source: P.A. 100-924, eff. 7-1-19; 101-81, eff. 7-12-19.) | 12 | | (405 ILCS 80/7A-1) | 13 | | (Section scheduled to be repealed on January 1, 2025) | 14 | | Sec. 7A-1. Stabilization Support Pilot Programs Diversion | 15 | | from Facility-based Care Pilot Program . |
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| 1 | | (a) The purposes of this Article are to: | 2 | | (1) decrease the number of admissions to State | 3 | | developmental centers State-operated facilities ; | 4 | | (2) address the needs of individuals receiving Home | 5 | | and Community Based Services (HCBS) with intellectual | 6 | | disabilities or developmental disabilities who are at risk | 7 | | of facility-based care due to significant behavioral | 8 | | challenges , some with a dual diagnosis of mental illness, | 9 | | by providing a community-based residential alternative to | 10 | | facility-based care consistent with their personal | 11 | | individual plans, and to transition these individuals back | 12 | | to home and community-based services programming a | 13 | | traditional community-integrated living arrangement or | 14 | | other HCBS community setting program ; | 15 | | (3) (blank); create greater capacity within the | 16 | | short-term stabilization homes by allowing individuals who | 17 | | need an extended period of treatment to transfer to a | 18 | | long-term stabilization home; | 19 | | (4) stabilize the existing community-integrated living | 20 | | arrangement system homes where the presence of individuals | 21 | | with complex behavioral challenges is disruptive to their | 22 | | housemates; and | 23 | | (5) add support services to enhance community service | 24 | | providers who serve individuals with significant | 25 | | behavioral challenges ; and . | 26 | | (6) increase the number of individuals transitioning |
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| 1 | | out of State developmental centers into home and | 2 | | community-based services programming. | 3 | | (b) (Blank). Subject to appropriation or the availability | 4 | | of other funds for these purposes at the discretion of the | 5 | | Department, the Department shall establish the Diversion from | 6 | | Facility-based Care Pilot Program consisting of at least 6 | 7 | | homes in various locations in this State in accordance with | 8 | | this Article and the following model: | 9 | | (1) the Diversion from Facility-based Care Model shall | 10 | | serve individuals with intellectual disabilities or | 11 | | developmental disabilities who are currently receiving | 12 | | HCBS services and are at risk of facility-based care due | 13 | | to significant behavioral challenges, some with a dual | 14 | | diagnosis of mental illness, for a period ranging from one | 15 | | to 2 years, or longer if appropriate for the individual; | 16 | | (2) the Program shall be regulated in accordance with | 17 | | the community-integrated living arrangement guidelines; | 18 | | (3) each home shall support no more than 4 residents, | 19 | | each having his or her own bedroom; | 20 | | (4) if, at any point, an individual, his or her | 21 | | guardian, or family caregivers, in conjunction with the | 22 | | provider and clinical staff, believe the individual is | 23 | | capable of participating in a HCBS service, those | 24 | | opportunities shall be offered as they become available; | 25 | | and | 26 | | (5) providers shall have adequate resources, |
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| 1 | | experience, and qualifications to serve the population | 2 | | target by the Program, as determined by the Department; | 3 | | (6) participating Program providers and the Department | 4 | | shall participate in an ongoing collaborative whereby best | 5 | | practices and treatment experiences would be shared and | 6 | | utilized; | 7 | | (7) home locations shall be proposed by the provider | 8 | | in collaboration with other community stakeholders; | 9 | | (8) The Department, in collaboration with | 10 | | participating providers, by rule shall develop data | 11 | | collection and reporting requirements for participating | 12 | | community service providers. Beginning December 31, 2020 | 13 | | the Department shall submit an annual report | 14 | | electronically to the General Assembly and Governor that | 15 | | outlines the progress and effectiveness of the pilot | 16 | | program. The report to the General Assembly shall be filed | 17 | | with the Clerk of the House of Representatives and the | 18 | | Secretary of the Senate in electronic form only, in the | 19 | | manner that the Clerk and the Secretary shall direct; | 20 | | (9) the staffing model shall allow for a high level of | 21 | | community integration and engagement and family | 22 | | involvement; and | 23 | | (10) appropriate day services, staff training | 24 | | priorities, and home modifications shall be incorporated | 25 | | into the Program model, as allowed by HCBS authorization. | 26 | | (c) (Blank). This Section is repealed on January 1, 2025.
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| 1 | | (Source: P.A. 102-1109, eff. 12-21-22.) | 2 | | (405 ILCS 80/7A-2 new) | 3 | | Sec. 7A-2. Long-Term Stabilization Support Program. | 4 | | (a) Subject to appropriation or the availability of other | 5 | | funds for these purposes at the discretion of the Department, | 6 | | the Department shall establish the Long-Term Stabilization | 7 | | Support Program consisting of at least 8 homes across the | 8 | | State in accordance with this Article and the following | 9 | | requirements: | 10 | | (1) The Long-Term Stabilization Support Program shall | 11 | | serve individuals with intellectual disabilities or | 12 | | developmental disabilities who are currently receiving | 13 | | home and community-based services and are at risk of | 14 | | facility-based care due to significant behavioral | 15 | | challenges and individuals transitioning out of State | 16 | | developmental centers for a period of up to 2 years, or | 17 | | longer if appropriate for the individual. | 18 | | (2) The program shall be regulated by the Department | 19 | | in accordance with the community-integrated living | 20 | | arrangement guidelines set forth under the | 21 | | Community-Integrated Living Arrangement Licensure and | 22 | | Certification Act and any applicable rules or policies. | 23 | | (3) Each home shall support no more than 4 residents, | 24 | | each having his or her own bedroom. | 25 | | (4) If an individual is in need of this program, it |
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| 1 | | must be reflected in his or her individual plan. | 2 | | (5) The individual, in conjunction with his or her | 3 | | guardian, if applicable, may change his or her home and | 4 | | community-based services, including his or her | 5 | | participation in this program, including requesting | 6 | | alternate placement when the wants or needs of the | 7 | | individual, as reflected in the individual's personal | 8 | | plan, would be better served in another setting along the | 9 | | full spectrum of care. If an individual, his or her | 10 | | guardian, if applicable, or family caregivers, in | 11 | | conjunction with the independent service coordination | 12 | | agency, the provider, and clinical staff, believe the | 13 | | individual's wants or needs, as reflected in the | 14 | | individual's personal plan, would be better served in an | 15 | | alternate setting along the full spectrum of care, those | 16 | | opportunities shall be discussed as they are identified. | 17 | | The request may be made at any point during the period | 18 | | specified in paragraph (1) or at the conclusion of that | 19 | | period, when assessing whether continued participation in | 20 | | the program would be appropriate for the individual. | 21 | | (6) The Department shall ensure providers have | 22 | | adequate resources, experience, and qualifications to | 23 | | serve the population targeted by this program. | 24 | | (7) The Department shall lead the providers in an | 25 | | ongoing collaboration, whereby best practices and | 26 | | treatment experiences shall be shared and utilized. |
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| 1 | | (8) The providers shall propose home locations in | 2 | | collaboration with other community stakeholders. | 3 | | (b) Beginning March 31, 2025, the Department shall publish | 4 | | quarterly reports on the following: | 5 | | (1) the number of individuals participating in the | 6 | | program; | 7 | | (2) the number of individuals transitioning from the | 8 | | program; | 9 | | (3) the location where individuals transition to | 10 | | during and after participation in the program; and | 11 | | (4) the length of time individuals are participating | 12 | | in the program. | 13 | | The report to the General Assembly shall be filed with the | 14 | | Clerk of the House of Representatives and the Secretary of the | 15 | | Senate in electronic form, in the manner that the Clerk and the | 16 | | Secretary shall direct. | 17 | | (c) The Department shall adopt rules to develop and | 18 | | implement this program. | 19 | | (405 ILCS 80/7A-3 new) | 20 | | Sec. 7A-3. Short-Term Stabilization Support Program. | 21 | | (a) Subject to appropriation or the availability of other | 22 | | funds for these purposes at the discretion of the Department, | 23 | | the Department shall establish the Short-Term Stabilization | 24 | | Support Program consisting of at least 10 homes across the | 25 | | State, in accordance with this Article and the following |
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| 1 | | requirements: | 2 | | (1) The Short-Term Stabilization Support Program shall | 3 | | serve individuals with intellectual disabilities or | 4 | | developmental disabilities who are currently receiving | 5 | | home and community-based services and are at risk of | 6 | | facility-based care due to significant behavioral | 7 | | challenges for a period ranging up to 90 days with an | 8 | | option to extend if appropriate for the individual. | 9 | | (2) The program shall be regulated by the Department | 10 | | in accordance with the community-integrated living | 11 | | arrangement guidelines set forth under the | 12 | | Community-Integrated Living Arrangement Licensure and | 13 | | Certification Act and any applicable rules or policies or | 14 | | shall be regulated by the Department of Children and | 15 | | Family Services in accordance with child group home | 16 | | guidelines set forth under the Children and Family | 17 | | Services Act and any applicable rules or policies. | 18 | | (3) Each home shall support no more than 4 residents, | 19 | | each having his or her own bedroom. | 20 | | (4) If an individual is in need of this program, it | 21 | | must be reflected in his or her individual plan. | 22 | | (5) The individual, in conjunction with his or her | 23 | | guardian, if applicable, may change his or her home and | 24 | | community-based services, including his or her | 25 | | participation in this program, including requesting | 26 | | alternate placement when the wants or needs of the |
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| 1 | | individual, as reflected in the individual's personal | 2 | | plan, would be better served in another setting along the | 3 | | full spectrum of care. If an individual, his or her | 4 | | guardian, if applicable, or family caregivers, in | 5 | | conjunction with the independent service coordination | 6 | | agency, the provider, and clinical staff, believe the | 7 | | individual's wants or needs, as reflected in the | 8 | | individual's personal plan, would be better served in an | 9 | | alternate setting along the full spectrum of care, those | 10 | | opportunities shall be discussed as they are identified. | 11 | | The request may be made at any point during the period | 12 | | specified in paragraph (1) or at the conclusion of that | 13 | | period, when assessing whether continued participation in | 14 | | the program would be appropriate for the individual. | 15 | | (6) The Department shall ensure providers have | 16 | | adequate resources, experience, and qualifications to | 17 | | serve the population targeted by this program. | 18 | | (7) The Department shall lead the providers in an | 19 | | ongoing collaboration, whereby best practices and | 20 | | treatment experiences shall be shared and utilized. | 21 | | (8) The providers shall propose home locations in | 22 | | collaboration with other community stakeholders. | 23 | | (b) Beginning March 31, 2025, the Department shall publish | 24 | | quarterly reports on the following: | 25 | | (1) the number of individuals participating in the | 26 | | program; |
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| 1 | | (2) the number of individuals transitioning from the | 2 | | program; | 3 | | (3) the location where individuals transition to | 4 | | during and after participation in the program; and | 5 | | (4) the length of time individuals are participating | 6 | | in the program. | 7 | | The report to the General Assembly shall be filed with the | 8 | | Clerk of the House of Representatives and the Secretary of the | 9 | | Senate in electronic form, in the manner that the Clerk and the | 10 | | Secretary shall direct. | 11 | | (c) The Department shall adopt rules to develop and | 12 | | implement this program. | 13 | | (405 ILCS 80/7A-4 new) | 14 | | Sec. 7A-4. Repealer. This Article is repealed January 1, | 15 | | 2028. ".
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