Full Text of HB5382 94th General Assembly
HB5382eng 94TH GENERAL ASSEMBLY
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| AN ACT concerning State government.
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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 5. The Disabilities Services Act of 2003 is amended | 5 |
| by changing Sections 5, 10, 15, and 20 and by adding Sections | 6 |
| 22, 27, and 28 as follows: | 7 |
| (20 ILCS 2407/5)
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| Sec. 5. Purpose and scope . It is the purpose of this Act | 9 |
| to further
create an
advisory committee to develop and | 10 |
| implement a Disability Services Plan
disabilities
services
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| implementation plan as provided in Section 20 to ensure | 12 |
| compliance by the State
of Illinois with the Americans with | 13 |
| Disabilities Act and the decision in
Olmstead v. L.C., 119 | 14 |
| S.Ct. 2176 (1999) and to develop a more comprehensive system of | 15 |
| community supports and services that will enable persons with | 16 |
| disabilities to transition to the most appropriate integrated | 17 |
| setting possible in accordance with their needs, preferences | 18 |
| and capacity to be served in that setting. Furthermore, the | 19 |
| intent of this Act is to provide a framework for steps to be | 20 |
| undertaken by the State of Illinois that will ensure successful | 21 |
| implementation of the Olmstead decision. The "Initial | 22 |
| Technical Assistance Recommendations Regarding Developing | 23 |
| Comprehensive, Effectively Working Plans" issued to states on | 24 |
| January 15, 2000 by the United States Department of Health and | 25 |
| Human Services shall be considered as one of the key documents | 26 |
| to guide the planning and implementation required by this Act .
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| This Act applies to services for persons with disabilities that | 28 |
| are provided directly by the State of Illinois or funded in | 29 |
| whole or in part by the State of Illinois. In the | 30 |
| implementation of this Act or of the Disability Services Plan, | 31 |
| and consistent with the Olmstead decision, no person shall be | 32 |
| compelled to move from an institutionalized setting to another |
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| type of residential setting to another type of residential | 2 |
| setting without his or her voluntary informed consent and the | 3 |
| voluntary informed consent of his or her guardian (if one | 4 |
| exists).
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| (Source: P.A. 93-638, eff. 12-31-03.) | 6 |
| (20 ILCS 2407/10)
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| Sec. 10. Application of Act; definitions.
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| (a) This Act
applies to persons with disabilities. The | 9 |
| disabilities included are
defined for purposes of this Act as | 10 |
| follows:
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| "Disability" means a disability as defined by the Americans
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| with Disabilities Act of 1990 that is attributable to a
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| developmental disability, a mental illness, or a physical
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| disability, or combination of those.
"Disability" includes | 15 |
| age-related impairments of older adults.
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| "Developmental disability" means a disability that is
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| attributable to mental retardation or a related condition. A
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| related condition must meet all of the following conditions:
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| (1) It must be attributable to cerebral palsy,
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| epilepsy, or any other condition (other than
mental | 21 |
| illness) found to be closely related to mental
retardation | 22 |
| because that condition results in impairment of
general | 23 |
| intellectual functioning or adaptive behavior similar
to | 24 |
| that of individuals with mental retardation, and requires
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| treatment or services similar to those required for those
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| individuals. For purposes of this Section, autism is | 27 |
| considered a related
condition.
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| (2) It must be manifested before the individual reaches
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| age 22.
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| (3) It must be likely to continue indefinitely.
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| (4) It must result in substantial functional
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| limitations in 3 or more of the following areas of major | 33 |
| life
activity: self-care, language, learning, mobility, | 34 |
| self-direction, and capacity
for independent living.
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| "Mental Illness" means a mental or emotional disorder
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| verified by a diagnosis contained in the
Diagnostic and | 2 |
| Statistical Manual of Mental Disorders-Fourth Edition, | 3 |
| published
by the American Psychiatric Association (DSM-IV), or | 4 |
| its successor, or
International Classification of Diseases, | 5 |
| 9th Revision, Clinical Modification
(ICD-9-CM), or its | 6 |
| successor, that
substantially impairs a person's cognitive, | 7 |
| emotional, or
behavioral functioning, or any combination of | 8 |
| those, excluding
(i) conditions that may be the focus of | 9 |
| clinical attention but are not of
sufficient duration or | 10 |
| severity to be categorized as a mental illness, such as
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| parent-child relational problems, partner-relational problems, | 12 |
| sexual abuse of
a child, bereavement, academic problems, | 13 |
| phase-of-life problems, and
occupational problems | 14 |
| (collectively, "V codes"), (ii) organic disorders such as
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| substance intoxication dementia, substance withdrawal | 16 |
| dementia, Alzheimer's
disease, vascular dementia, dementia due | 17 |
| to HIV infection, and dementia due to
Creutzfeld-Jakob disease
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| and disorders associated with
known or unknown physical | 19 |
| conditions such as hallucinosis
hallucinasis , amnestic
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| disorders and delirium, and psychoactive substance-induced | 21 |
| organic
disorders, and (iii) mental retardation or | 22 |
| psychoactive substance use
disorders.
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| "Mental retardation" means significantly sub-average | 24 |
| general
intellectual functioning existing concurrently with | 25 |
| deficits in
adaptive behavior and manifested before the age of | 26 |
| 22 years.
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| "Physical disability" means a disability as defined by the
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| Americans with Disabilities Act of 1990 that meets the | 29 |
| following
criteria:
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| (1) It is attributable to a physical impairment.
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| (2) It results in a substantial functional limitation
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| in any of the following areas of major life activity:
(i) | 33 |
| self-care, (ii) receptive and expressive language, (iii)
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| learning, (iv) mobility, (v) self-direction, (vi) capacity
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| for independent living, and (vii) economic sufficiency.
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| (3) It reflects the person's need for a combination and
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| sequence of special, interdisciplinary, or general care,
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| treatment, or other services that are of lifelong or of
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| extended duration and must be individually planned and
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| coordinated.
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| (b) In this Act:
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| "Chronological age-appropriate services" means services, | 7 |
| activities,
and strategies for persons with disabilities that | 8 |
| are
representative of the lifestyle activities of nondisabled | 9 |
| peers of similar
age in the community.
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| "Comprehensive evaluation" means procedures used by | 11 |
| qualified professionals
selectively with an individual to
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| determine whether a person has a disability and the nature
and | 13 |
| extent of the services that the person with a disability
needs.
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| "Department" means the Department on Aging, the Department | 15 |
| of Human Services,
the Department of Public Health, the | 16 |
| Department of
Public Aid, the University of Illinois Division | 17 |
| of Specialized Care for
Children, the Department of Children | 18 |
| and Family Services, and the Illinois
State
Board of Education, | 19 |
| where appropriate, as designated in the implementation plan
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| developed under Section 20.
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| "Family" means a natural, adoptive, or foster parent or | 22 |
| parents or
other person or persons responsible for the care of | 23 |
| an individual with a
disability in a family setting.
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| "Family or individual support" means those resources and | 25 |
| services
that are necessary to maintain an individual with a
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| disability within the family home or his or her own home. These | 27 |
| services may
include, but are not
limited to, cash subsidy, | 28 |
| respite care, and counseling services.
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| "Independent service coordination" means a social service | 30 |
| that enables
persons
with developmental disabilities and their | 31 |
| families to locate, use, and
coordinate resources
and
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| opportunities in their communities on the basis of individual | 33 |
| need. Independent
service
coordination is independent of | 34 |
| providers of services and funding sources and is
designed
to | 35 |
| ensure accessibility, continuity of care, and accountability | 36 |
| and to maximize
the
potential of persons with developmental |
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| disabilities for independence,
productivity, and
integration | 2 |
| into
the community. Independent service coordination includes, | 3 |
| at a minimum: (i)
outreach to
identify eligible individuals; | 4 |
| (ii) assessment and periodic reassessment to
determine each
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| individual's strengths, functional limitations, and need for | 6 |
| specific services;
(iii)
participation in the development of a | 7 |
| comprehensive individual service or
treatment plan;
(iv) | 8 |
| referral to and linkage with needed services and supports; (v) | 9 |
| monitoring
to ensure
the delivery of appropriate services and | 10 |
| to determine individual progress in
meeting goals
and | 11 |
| objectives; and (vi) advocacy to assist the person in obtaining | 12 |
| all
services for which
he or she is eligible or entitled.
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| "Individual service or treatment plan" means a written
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| recorded assessment of the
needs
of a person with a disability, | 15 |
| a description of the services
recommended, the goals of each | 16 |
| type of element of service, an anticipated
timetable for the | 17 |
| accomplishment of the goals, and a designation of the
qualified | 18 |
| professionals responsible for the implementation of the plan.
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| "Least restrictive environment" means an environment that
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| represents the least departure from the normal patterns of | 21 |
| living and that
effectively meets the needs of the person | 22 |
| receiving the service.
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| "Most integrated setting" means a setting that enables a | 24 |
| person with a disability to interact with nondisabled persons | 25 |
| to the fullest extent possible and that is appropriate to meet | 26 |
| the needs and choices of the person with the disability and his | 27 |
| or her guardian.
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| (Source: P.A. 93-638, eff. 12-31-03; revised 12-15-05.)
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| (20 ILCS 2407/15)
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| Sec. 15. Services. Services to persons with disabilities | 31 |
| shall be provided in the most integrated setting appropriate to | 32 |
| the needs and choices of the person with the disability and his | 33 |
| or her guardian in accordance with an
the
individual service or | 34 |
| treatment plan developed with the person with the disability | 35 |
| and his or her guardian
for an individual under this
Section. |
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| The
person
individual shall initially be screened for potential | 2 |
| eligibility by the
appropriate State
agency and, if the person
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| individual is determined
deemed probably eligible for a | 4 |
| disability
services
service or
program , a comprehensive | 5 |
| evaluation of the person
individual shall be conducted to
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| determine
the services and programs appropriate for that person
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| individual . The array of
available services
shall be described | 8 |
| in the Disability
Disabilities Services Implementation Plan | 9 |
| required
under this
Act and may include, but need not be | 10 |
| limited to:
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| (1) Comprehensive evaluation and diagnosis. The | 12 |
| comprehensive evaluation and diagnosis shall include
A | 13 |
| person with a suspected
disability who is applying for | 14 |
| Department-authorized
disability services must receive, | 15 |
| after an initial screening and a
determination
of probable | 16 |
| eligibility for a disability service or program, a | 17 |
| comprehensive
diagnosis and
evaluation, including an
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| assessment of skills, abilities, and potential for | 19 |
| residential placement from among a full array of | 20 |
| residential options, including in-home supports, job | 21 |
| training, and work
placement, adapted to the person's
his | 22 |
| or her primary language, cultural background, and
ethnic | 23 |
| origin.
All
components of a comprehensive evaluation must | 24 |
| be administered by a qualified
examiner.
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| (2) Individual service or treatment plan.
A person with | 26 |
| a disability
shall receive services in accordance with a | 27 |
| current individual service or
treatment
plan. A person with | 28 |
| a
disability who is receiving services shall be provided
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| periodic reevaluation and review of the
individual service | 30 |
| or treatment plan, at least annually, in order to measure
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| progress, to modify or change
objectives if necessary, and | 32 |
| to provide guidance and remediation techniques.
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| A person with a disability and his or her guardian
have
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| the
right to participate in the planning and | 35 |
| decision-making process regarding
the person's individual | 36 |
| service or treatment plan and to be informed in
writing, or |
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| in
that person's mode of communication, of progress at | 2 |
| reasonable time
intervals. Each person must be given the | 3 |
| opportunity to make decisions
and exercise options | 4 |
| regarding the plan, consistent with the person's
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| capabilities. Family members and other
representatives of | 6 |
| the person with a disability must be allowed, encouraged,
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| and supported to participate as well, if the person with a | 8 |
| disability consents
to that participation.
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| (3) Nondiscriminatory access to services. A person | 10 |
| with a
disability may not be denied program services | 11 |
| because of
sex, ethnic origin, marital status,
ability to | 12 |
| pay (except where contrary to law), or criminal record. | 13 |
| Specific
program eligibility requirements with regard to | 14 |
| disability, level of need, age,
and other matters may be | 15 |
| established by the Department by rule. The Department
may | 16 |
| set priorities for the provision of services and for | 17 |
| determining the need
and eligibility for services in | 18 |
| accordance with available funding.
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| (3)
(4) Family or individual support. Family or | 20 |
| individual support services shall include services that | 21 |
| support in-home or community residential placement, | 22 |
| prevent unnecessary out-of-home placement or | 23 |
| institutionalization, and foster independent living.
A | 24 |
| person with a
disability
must be provided family or | 25 |
| individual support services, or both, whenever
possible | 26 |
| and appropriate,
to prevent
unnecessary out-of-home | 27 |
| placement and to foster independent living skills when
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| authorized for such services.
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| (4)
(5) Residential services. Residential services | 30 |
| shall include a full array of institutional and | 31 |
| non-institutional residential options outside of the home | 32 |
| of the person with a disability that include appropriate | 33 |
| supervision or support services in the most integrated | 34 |
| setting appropriate to meet his or her needs and the | 35 |
| choices of the person with a disability and his or her | 36 |
| guardian.
choices and options. A person with a
disability |
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| who requires residential placement in a supervised or | 2 |
| supported
setting must be provided choices among various | 3 |
| residential options when
authorized for those services. | 4 |
| The
placement must be offered in the least restrictive | 5 |
| environment appropriate to
the individual.
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| (5)
(6) Education. Education services shall include | 7 |
| early intervention services for infants and toddlers, | 8 |
| services identified in a student's Individualized | 9 |
| Educational Program (IEP) consistent with requirements of | 10 |
| the federal Individuals with Disabilities Improvement Act | 11 |
| and the Illinois School Code, and appropriate | 12 |
| accommodations and adaptations for a person with a | 13 |
| disability who attends an institution of higher learning.
A | 14 |
| person with a disability has the right
to a free, | 15 |
| appropriate public education as provided in both State and
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| federal law. Each local educational agency must prepare | 17 |
| persons with
disabilities for adult living. In | 18 |
| anticipation of adulthood,
each person with a disability | 19 |
| has the right to a transition
plan developed and ready for | 20 |
| implementation before the person's exit
by no later than | 21 |
| the school
year in which the person reaches age 14, | 22 |
| consistent with the
requirements of the federal | 23 |
| Individuals with Disabilities
Education Act and Article | 24 |
| XIV of the School Code.
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| (6)
(7) Vocational habilitation and rehabilitation
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| training . Vocational habilitation and rehabilitation | 27 |
| services shall include services that enable a person with a | 28 |
| disability to move toward independence and | 29 |
| self-sufficiency by developing or redeveloping skills that | 30 |
| lead to employment or re-employment in the most integrated | 31 |
| setting appropriate to meet his or her needs and the | 32 |
| choices of the person with a disability and his or her | 33 |
| guardian.
A person with a disability
must be provided | 34 |
| vocational training, when appropriate, that contributes to | 35 |
| the
person's
independence and employment potential. This | 36 |
| training should include
strategies and activities in |
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| programs that lead to employment and
reemployment in the | 2 |
| least restrictive environment appropriate to the
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| individual.
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| (7)
(8) Employment. Employment services shall include | 5 |
| job placement and job supports that enable a person with a | 6 |
| disability to locate and maintain gainful employment in the | 7 |
| most integrated setting appropriate to the needs and | 8 |
| choices of the person with the disability and his or her | 9 |
| guardian.
A person with a disability has the right
to be | 10 |
| employed free from discrimination, pursuant to the | 11 |
| Constitution and
laws of this State.
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| (8)
(9) Independent service coordination. Independent | 13 |
| service coordination shall include a service coordination | 14 |
| program free of conflicts of interest that is provided or | 15 |
| funded by the State of Illinois to enable a person with a | 16 |
| disability to access appropriate disability services.
A | 17 |
| person with a
disability who is receiving direct services | 18 |
| from the Department must be
provided independent service | 19 |
| coordination when needed.
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| (9)
(10) Mental health supports. Mental health support | 21 |
| services shall include necessary
Individuals with a | 22 |
| disability must be
provided needed mental health supports | 23 |
| such as psychological rehabilitation,
psychiatric and | 24 |
| medication coverage, day treatment, care management, and
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| crisis services.
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| (10) Assistive technology devices and services. | 27 |
| Assistive technology devices shall include any item, piece | 28 |
| of equipment, or product system, whether acquired | 29 |
| commercially, modified, or customized, that is used to | 30 |
| increase, maintain, or improve the functional capabilities | 31 |
| of a person with a disability in a variety of environments | 32 |
| including the person's residence, workplace, or school. An | 33 |
| assistive technology service is any service that directly | 34 |
| assists a person with a disability in the selection, | 35 |
| acquisition, or use of an assistive technology device.
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| (11) Due process. A person with a disability retains |
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| the
rights of citizenship. Any person aggrieved by a | 2 |
| decision of a department
regarding services provided under | 3 |
| this Act must be given
an opportunity to present complaints | 4 |
| at a due process hearing before an
impartial
hearing | 5 |
| officer designated by the director of that department. Any
| 6 |
| person aggrieved by a final administrative decision | 7 |
| rendered following the
due process hearing may seek | 8 |
| judicial review of that decision pursuant to
the | 9 |
| Administrative Review Law. The term
"administrative | 10 |
| decision" is defined as in Section 3-101 of the Code of | 11 |
| Civil
Procedure. Attorney's
fees and costs may be awarded | 12 |
| to a prevailing complainant in any
due process hearing or | 13 |
| action for judicial review under this Act.
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| The right to a hearing under this item (11) is in | 15 |
| addition to
any other rights under federal, State, or local | 16 |
| laws, however nothing in this
Section shall be construed as | 17 |
| requiring the establishment of a new due process
hearing | 18 |
| procedure if one already exists for a particular service or | 19 |
| program.
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| (Source: P.A. 93-638, eff. 12-31-03.) | 21 |
| (20 ILCS 2407/20)
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| Sec. 20. Advisory committee; Disability Services Plan
| 23 |
| Implementation .
| 24 |
| (a) The Governor shall appoint an advisory committee to | 25 |
| assist in the
further development and implementation of a | 26 |
| Disability
Disabilities Services Implementation Plan
that will
| 27 |
| ensure compliance by the State of Illinois with the Americans | 28 |
| with Disabilities
Act and
the decision in Olmstead v. L.C., 119 | 29 |
| S.Ct. 2176 (1999). The advisory committee
shall
be known as the | 30 |
| Illinois Disabilities Services Advisory Committee and shall be
| 31 |
| composed
of no more than 33 members, including: persons who | 32 |
| have a physical disability,
a developmental disability, or a | 33 |
| mental illness;
senior citizens; advocates for
persons with
| 34 |
| physical disabilities; advocates
for persons
with | 35 |
| developmental disabilities;
advocates
for persons with mental |
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| illness;
advocates
for senior citizens; representatives of
| 2 |
| providers of
services to persons with physical disabilities, | 3 |
| developmental disabilities, and
mental
illness; | 4 |
| representatives of providers of
services to
senior citizens; | 5 |
| and representatives of organized labor.
| 6 |
| In addition, the following State officials shall serve on | 7 |
| the committee as
ex-officio
non-voting members: the Secretary | 8 |
| of Human Services or his or her designee; the
State
| 9 |
| Superintendent of Education or his or her designee; the | 10 |
| Director of Aging or
his or her
designee; the Executive | 11 |
| Director of the Illinois Housing Development Authority
or his | 12 |
| or
her designee; the Director of Public Aid (now Director of | 13 |
| Healthcare and Family Services) or his or her designee; and the
| 14 |
| Director of
Public Health
Employment Security or his or her | 15 |
| designee.
Other State officials, including, but not limited to, | 16 |
| the Director of Employment Security, the Director of Commerce | 17 |
| and Economic Opportunity, the Director of Children and Family | 18 |
| Services, the Director of the Board of Higher Education, and | 19 |
| the Director of the Illinois Community College Board, may be | 20 |
| invited to participate or to designate a representative to | 21 |
| participate in the discretion of the co-chairs and the | 22 |
| Secretary of Human Services when their expertise and resources | 23 |
| are relevant to the resolution of a particular issue. The | 24 |
| Department of Human Services shall be responsible for convening | 25 |
| meetings and providing logistical support for the advisory | 26 |
| committee.
| 27 |
| The advisory committee shall select co-chairs and may | 28 |
| select other officers if it determines they are necessary
| 29 |
| officers, including a chair and a
vice-chair .
| 30 |
| The advisory committee shall meet at least quarterly and | 31 |
| shall keep official
meeting
minutes. Committee members shall | 32 |
| not be compensated but shall be paid for their
expenses
related | 33 |
| to attendance at meetings.
| 34 |
| (b) The Governor, with the assistance of the advisory | 35 |
| committee and the Secretary of Human Services, shall submit the | 36 |
| Disability Services Plan to the General Assembly by March 31, |
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| 2006. The Plan
implementation plan must include, but need
not | 2 |
| be limited to, the following:
| 3 |
| (1) Overarching principles that will govern the | 4 |
| disability services delivery system in Illinois in the | 5 |
| future, consistent with the Americans with Disabilities | 6 |
| Act and the Olmstead decision.
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| (2) A review of current disability services in Illinois | 8 |
| that includes the State agency or agencies responsible for | 9 |
| each service and the funding source or sources for each | 10 |
| service.
| 11 |
| (3) An assessment of current services that includes the | 12 |
| identification of gaps in services, geographic inequities, | 13 |
| and fiscal and other policies necessary to enhance | 14 |
| compliance with the Americans with Disabilities Act and the | 15 |
| Olmstead decision.
| 16 |
| (4) Recommendations for change that include (i) | 17 |
| long-term and short-term action plans, (ii) prioritization | 18 |
| of proposed long-term and short-term action steps, (iii) | 19 |
| proposed changes in law, rule, or policy determined to be | 20 |
| necessary for the implementation of any recommendation, | 21 |
| (iv) the estimated fiscal impact of each recommendation, | 22 |
| and (v) proposed methods of financing the implementation of | 23 |
| each recommendation.
| 24 |
| (1) Establishing procedures for
completing | 25 |
| comprehensive evaluations, including provisions for | 26 |
| Department
review
and
approval of need determinations. The | 27 |
| Department may utilize independent
evaluators and targeted | 28 |
| or sample reviews during this review and approval
process, | 29 |
| as it deems appropriate.
| 30 |
| (2) Establishing procedures for the development of
an | 31 |
| individual service or treatment plan for each person with a | 32 |
| disability,
including
provisions for Department review and | 33 |
| authorization.
| 34 |
| (3) Identifying
core services to be provided by | 35 |
| agencies of the State of Illinois or other
agencies.
| 36 |
| (4) Establishing minimum
standards for individualized |
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| services.
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| (5) Establishing minimum
standards for residential | 3 |
| services in the least restrictive environment.
| 4 |
| (6) Establishing minimum standards for vocational | 5 |
| services.
| 6 |
| (7) Establishing
due
process hearing procedures.
| 7 |
| (8) Establishing minimum standards for family
support | 8 |
| services.
| 9 |
| (9) Securing financial resources necessary to fulfill | 10 |
| the
purposes and requirements of this Act, including but | 11 |
| not limited
to obtaining approval and implementing waivers | 12 |
| or demonstrations
authorized under federal law.
| 13 |
| (c) The Governor, with the
assistance of the Illinois | 14 |
| Disabilities Services Advisory Committee and the
Secretary of | 15 |
| Human Services, is
responsible for the completion of the | 16 |
| implementation plan. The
Governor must
submit a report to
the | 17 |
| General Assembly by November 1, 2004, which must include the | 18 |
| following:
| 19 |
| (1) The implementation plan.
| 20 |
| (2) A description of current and planned programs and | 21 |
| services necessary
to meet the requirements of the | 22 |
| individual service or treatment plans required
by this Act,
| 23 |
| together with the
actions to be taken by the
State of | 24 |
| Illinois to ensure that those plans will be implemented.
| 25 |
| This description shall include a report of related program | 26 |
| and
service improvements or expansions implemented by the | 27 |
| Department
since the effective date of this Act.
| 28 |
| (3) The estimated costs
of current and planned programs | 29 |
| and services to be provided
under the implementation plan.
| 30 |
| (4) A report
on the number of persons with
disabilities | 31 |
| who may be eligible to receive services
under this Act, | 32 |
| together with a
report on the number of persons who are | 33 |
| currently receiving those
services.
| 34 |
| (5) Any proposed
changes in State policies, laws, or | 35 |
| regulations
necessary
to fulfill the purposes and | 36 |
| requirements of this
Act.
|
|
|
|
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| 1 |
| (c)
(d) The Governor, with the assistance of the Secretary | 2 |
| of
Human Services and the Disability Services Advisory | 3 |
| Committee , shall annually update the Disability Services Plan
| 4 |
| implementation plan
and report changes to the General Assembly | 5 |
| by July 1 of each year. The first annual report is due on July | 6 |
| 1, 2007. After the submission of each annual report, a public | 7 |
| hearing before the appropriate committee of the Illinois | 8 |
| General Assembly shall be held to receive public comment and | 9 |
| further discussion of the Disability Services Plan.
Initial
| 10 |
| implementation of the plan is required by July 1, 2005. The | 11 |
| requirement of
annual updates and reports expires in 2008, | 12 |
| unless otherwise extended by the
General Assembly.
| 13 |
| (d) To the extent possible, planning steps and associated | 14 |
| timelines as required in this Act shall be coordinated with | 15 |
| related initiatives such as the work of the Older Adults | 16 |
| Services Advisory Committee as created by the Older Adults | 17 |
| Services Act (320 ILCS 42/) and the Mental Health Strategic | 18 |
| Restructuring Initiative.
| 19 |
| (Source: P.A. 93-638, eff. 12-31-03; revised 12-15-05.)
| 20 |
| (20 ILCS 2407/22 new)
| 21 |
| Sec. 22. Readiness assessment. By January 1, 2007, the | 22 |
| Department of Human Services, the Department of Healthcare and | 23 |
| Family Services, and the Department on Aging shall | 24 |
| cooperatively arrange for the implementation of assessments of | 25 |
| the readiness of individuals with disabilities to effect | 26 |
| appropriate and medically necessary transitions to the most | 27 |
| integrated setting possible, taking into consideration the | 28 |
| individual's needs, preferences, and capacity to be served in | 29 |
| that setting. The Departments shall also conduct an assessment | 30 |
| of the readiness of the State to effect any transitions that | 31 |
| individuals may prefer and require, taking into consideration | 32 |
| the availability of resources to accomplish the placements. The | 33 |
| assessment of the State's readiness shall include all relevant | 34 |
| information available that will determine the scope and nature | 35 |
| of the supports and services that may be necessary to effect |
|
|
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| 1 |
| these transitions. The assessment of the State's capacity shall | 2 |
| include: (i) a determination regarding the requisite skills, | 3 |
| competencies, and qualifications necessary to support persons | 4 |
| with disabilities in their communities; (ii) a determination | 5 |
| regarding the sufficiency of qualified agency and individual | 6 |
| providers to meet the needs of the people with disabilities in | 7 |
| their communities; and (iii) a determination of the capacity of | 8 |
| the community service system to provide the necessary support | 9 |
| and services effectively and efficiently consistent with the | 10 |
| service plans of the individuals with disabilities in their | 11 |
| communities. The assessment of the State's capacity shall also | 12 |
| determine the extent to which the payers of care cover the cost | 13 |
| of the supports and services that are to be provided, and any | 14 |
| adjustments to the rates of payment that may be necessary to | 15 |
| ensure the availability and delivery of those supports and | 16 |
| services. | 17 |
| (20 ILCS 2407/27 new) | 18 |
| Sec. 27. Due process. A person claiming to be aggrieved by | 19 |
| a determination of an agency regarding eligibility for a | 20 |
| disability service, the provision of a disability service, or a | 21 |
| change in or termination of a disability service under this Act | 22 |
| must be given (1) a written notice of the decision and the | 23 |
| basis for the decision, (2) an opportunity to file a complaint | 24 |
| with the appropriate agency challenging the decision, (3) an | 25 |
| opportunity to appear before an impartial decision-maker | 26 |
| designated by the head of the agency responsible for the | 27 |
| decision to present evidence in support of the complaint, and | 28 |
| (4) a written decision on the complaint including findings of | 29 |
| fact and conclusions of law. A person aggrieved by a final | 30 |
| administrative decision under this Section may seek judicial | 31 |
| review under the Administrative Review Law. For purposes of | 32 |
| this Section, "administrative decision" has the same meaning as | 33 |
| provided in Section 3-101 of the Code of Civil Procedure. A | 34 |
| prevailing complainant in an action for judicial review under | 35 |
| this Section may be awarded reasonable attorney fees and costs. |
|
|
|
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| 1 |
| Due process rights under this Section shall not supercede any | 2 |
| other due process rights established under any federal, State, | 3 |
| or local laws. Nothing in this Section shall be construed as | 4 |
| requiring the establishment of a new due process procedure if | 5 |
| one already exists for a particular disability service. | 6 |
| Complaints that may be addressed under the complaint process | 7 |
| authorized under the federal Individuals with Disabilities | 8 |
| Education Improvement Act shall not be made under this Section. | 9 |
| A disability service that is not an entitlement may be denied | 10 |
| or limited due to insufficient funds. | 11 |
| (20 ILCS 2407/28 new)
| 12 |
| Sec. 28. Non-discriminatory access to services. A person | 13 |
| with a disability shall not be denied a disability service | 14 |
| because of sex, race, religion, ethnic origin, marital status, | 15 |
| ability to pay (except where contrary to law), or criminal | 16 |
| record. Specific program eligibility requirements with regard | 17 |
| to disability, level of need, age and other matters may be | 18 |
| established by the administering State agency by rule. An | 19 |
| administering State agency may set priorities for the provision | 20 |
| of services and for determining the need and eligibility for | 21 |
| services in accordance with available funding.
| 22 |
| Section 99. Effective date. This Act takes effect upon | 23 |
| becoming law. |
|