Full Text of HB4401 95th General Assembly
HB4401eng 95TH GENERAL ASSEMBLY
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HB4401 Engrossed |
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LRB095 15995 DRJ 42008 b |
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| AN ACT concerning health.
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| Be it enacted by the People of the State of Illinois,
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| represented in the General Assembly:
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| Section 1. Short title. This Act may be cited as the | 5 |
| Technology-Based Young Adult Day Program Act. | 6 |
| Section 5. Definitions. In this Act: | 7 |
| "Augmentative communication system" includes, but is not | 8 |
| limited to, a speech output device, mounts, switches, cables, | 9 |
| scanners, portable printers, software, and enlargers. | 10 |
| "Department" means the Department of Human Services. | 11 |
| "Developmental disability" has the meaning given to that | 12 |
| term in the Illinois Council on Developmental Disabilities Law. | 13 |
| "Program" means the technology-based day program for young | 14 |
| adults established under this Act. | 15 |
| "Technology-based" means the use of (i) augmentative | 16 |
| communication systems, (ii) desktop or laptop computers, | 17 |
| together with related components such as color printers, | 18 |
| monitors, keyboards, and Internet access, and (iii) | 19 |
| environmental controls to perform activities that include, but | 20 |
| are not limited to, turning lights on and off, changing | 21 |
| television channels, and selecting music. | 22 |
| "Young adult" means a person at least 18 years of age but | 23 |
| not more than 30 years of age. |
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| Section 10. Young adult day program. | 2 |
| (a) The Department shall establish an innovative | 3 |
| technology-based day program for young adults with a | 4 |
| developmental disability as provided in this Section. The goal | 5 |
| of the program shall be to assist young adults participating in | 6 |
| the program in pursuing higher education, securing employment, | 7 |
| building social relationships, and participating in community | 8 |
| activities. The program shall include, but need not be limited | 9 |
| to, the following features: | 10 |
| (1) One-to-one assistance for program participants. | 11 |
| (2) The use of augmentative communication systems and | 12 |
| computers, with related technological support. | 13 |
| In developing the program, the Department shall seek the | 14 |
| assistance of the Illinois Assistive Technology Program. The | 15 |
| Department shall establish the program in 3 phases as described | 16 |
| in subsections (b) through (d). | 17 |
| (b) In the State fiscal year beginning July 1, 2009, the | 18 |
| Department shall establish a pilot technology-based day | 19 |
| program for 8 young adults in DuPage County and also for 8 | 20 |
| young adults in McHenry County. The pilot program shall operate | 21 |
| between the hours of 9:00 a.m. and 3:00 p.m. On or before April | 22 |
| 15, 2010, the Department shall report to the General Assembly | 23 |
| concerning the operation of the pilot program under this | 24 |
| subsection. On and after July 1, 2010, the Department may | 25 |
| expand the pilot program to other areas of the State. |
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| (c) In the State fiscal year beginning July 1, 2010, the | 2 |
| Department shall continue the program as authorized under | 3 |
| subsection (b) and in addition shall make training and | 4 |
| technology resources available to the State Superintendent of | 5 |
| Education to provide secondary school students statewide with | 6 |
| skills they need for higher education and employment. These | 7 |
| resources may include, but need not be limited to: occupational | 8 |
| therapy, physical therapy, and speech and vision therapy | 9 |
| services; medical and personal hygiene services; and | 10 |
| transportation coordination services. The goal of this phase of | 11 |
| the program shall be to ensure that all students graduate from | 12 |
| high school with the skills they need for higher education and | 13 |
| employment. | 14 |
| (d) In the State fiscal year beginning July 1, 2011, the | 15 |
| Department shall continue the program as authorized under | 16 |
| subsections (b) and (c) and in addition shall establish a | 17 |
| community-integrated living arrangement (CILA) pilot program | 18 |
| that emphasizes technology for independent living, including | 19 |
| but not limited to environmental controls in a residential | 20 |
| setting to foster independence and self-esteem. On or before | 21 |
| April 15, 2012, the Department shall report to the General | 22 |
| Assembly concerning the operation of the CILA pilot program | 23 |
| under this subsection. On and after July 1, 2012, the | 24 |
| Department may expand the CILA pilot program to other areas of | 25 |
| the State. | 26 |
| (e) In State fiscal years beginning July 1, 2012 and |
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| thereafter, the Department shall continue the program as | 2 |
| authorized under subsections (b), and (c), and (d). | 3 |
| Section 15. Program subject to appropriations. The | 4 |
| Department's implementation of this Act is subject to | 5 |
| appropriations made to the Department for that purpose.
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| Section 20. No authority to make or promulgate rules. | 7 |
| Notwithstanding any other rulemaking authority that may exist, | 8 |
| neither the Governor nor any agency or agency head under the | 9 |
| jurisdiction of the Governor has any authority to make or | 10 |
| promulgate rules to implement or enforce the provisions of this | 11 |
| Act. If, however, the Governor believes that rules are | 12 |
| necessary to implement or enforce the provisions of this Act, | 13 |
| the Governor may suggest rules to the General Assembly by | 14 |
| filing them with the Clerk of the House and Secretary of the | 15 |
| Senate and by requesting that the General Assembly authorize | 16 |
| such rulemaking by law, enact those suggested rules into law, | 17 |
| or take any other appropriate action in the General Assembly's | 18 |
| discretion. Nothing contained in this Act shall be interpreted | 19 |
| to grant rulemaking authority under any other Illinois statute | 20 |
| where such authority is not otherwise explicitly given. For the | 21 |
| purposes of this Act, "rules" is given the meaning contained in | 22 |
| Section 1-70 of the Illinois Administrative Procedure Act, and | 23 |
| "agency" and "agency head" are given the meanings contained in | 24 |
| Sections 1-20 and 1-25 of the Illinois Administrative Procedure |
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| Act to the extent that such definitions apply to agencies or | 2 |
| agency heads under the jurisdiction of the Governor.
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