Full Text of HB5697 98th General Assembly
HB5697enr 98TH GENERAL ASSEMBLY |
| | HB5697 Enrolled | | LRB098 20246 KTG 55668 b |
|
| 1 | | AN ACT concerning public aid.
| 2 | | Be it enacted by the People of the State of Illinois,
| 3 | | represented in the General Assembly:
| 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. Disability database.
| 8 | | (a) The Department of Human Services shall compile and | 9 | | maintain a
cross-disability database of Illinois residents | 10 | | with a disability who are
potentially
in need of disability | 11 | | services funded by the Department. The database shall
consist | 12 | | of individuals with mental illness, physical disabilities,
| 13 | | developmental
disabilities, and autism spectrum disorders and | 14 | | shall include, but not be limited to, individuals
transitioning | 15 | | from
special education to adulthood, individuals in | 16 | | State-operated facilities, individuals
in private nursing and | 17 | | residential facilities, and individuals in community
| 18 | | integrated living arrangements. Within 30 days after the | 19 | | effective date of this
amendatory Act of the 93rd General | 20 | | Assembly, the Secretary of Human Services
shall seek input from | 21 | | advisory bodies to the Department, including advisory
councils | 22 | | and committees working with the Department in the areas of | 23 | | mental
illness, physical disabilities, and developmental |
| | | HB5697 Enrolled | - 2 - | LRB098 20246 KTG 55668 b |
|
| 1 | | disabilities. The database
shall be
operational by July 1, | 2 | | 2004. The information collected and maintained for the
| 3 | | disability database shall include, but is not limited to, the | 4 | | following: (i)
the types of
services of which the individual is | 5 | | potentially in need; (ii) demographic and
identifying | 6 | | information about the individual; (iii) factors indicating | 7 | | need,
including
diagnoses, assessment information, age of | 8 | | primary caregivers, and current
living
situation; (iv) if | 9 | | applicable, the date information about the individual is
| 10 | | submitted for inclusion in the database and
the
types of | 11 | | services sought by the individual; and (v) the representative
| 12 | | district
in which the individual resides. In collecting and | 13 | | maintaining information
under
this Section, the Department | 14 | | shall give consideration to cost-effective
appropriate | 15 | | services for individuals.
| 16 | | (b) This amendatory Act of the 93rd General Assembly does | 17 | | not create
any new entitlement to a service, program, or | 18 | | benefit, but shall not affect any
entitlement to a service, | 19 | | program, or benefit created by any other law. Except
for
a | 20 | | service, program, or benefit that is an entitlement, a service, | 21 | | program, or
benefit provided as a result of the collection and | 22 | | maintenance of the
disability
database shall be subject to | 23 | | appropriations made by the General Assembly.
| 24 | | (c) The Department, consistent with applicable federal and | 25 | | State law, shall
make general information from the disability
| 26 | | database available to the public such as: (i) the number of |
| | | HB5697 Enrolled | - 3 - | LRB098 20246 KTG 55668 b |
|
| 1 | | individuals
potentially
in need of each type of service, | 2 | | program, or benefit and (ii) the general
characteristics of | 3 | | those individuals. The Department shall protect the
| 4 | | confidentiality of each individual in the database when | 5 | | releasing database
information by
not disclosing any | 6 | | personally identifying information.
| 7 | | (d) The Department shall allow legal residents who are | 8 | | dependents of a military service member and who are absent from | 9 | | the State due to the member's military service to be added to | 10 | | the database to indicate the need for services upon return to | 11 | | the State. Should an individual in such a situation be selected | 12 | | from the database to receive services, the individual shall | 13 | | have 6 months from the date of the selection notification to | 14 | | apply for services and another 6 months to commence using such | 15 | | services. In the event an individual is receiving services | 16 | | funded by the Department and the services are disrupted due to | 17 | | the military service member's need for the individual to leave | 18 | | the State because of his or her military service, the services | 19 | | shall be resumed upon the individual's return to the State if | 20 | | the dependent is otherwise eligible. No payment pursuant to | 21 | | this Section or Section 12-4.47 of the Illinois Public Aid Code | 22 | | shall be made for home and community based services provided | 23 | | outside the State of Illinois. A dependent of a military | 24 | | service member shall be required to provide the Department | 25 | | with: | 26 | | (1) a copy of the military service member's DD-214 or |
| | | HB5697 Enrolled | - 4 - | LRB098 20246 KTG 55668 b |
|
| 1 | | other equivalent discharge paperwork; and | 2 | | (2) proof of the military service member's legal | 3 | | residence in the State, as prescribed by the Department. | 4 | | (Source: P.A. 95-251, eff. 8-17-07.)
| 5 | | Section 10. The Illinois Public Aid Code is amended by | 6 | | adding Section 12-4.47 as follows: | 7 | | (305 ILCS 5/12-4.47 new) | 8 | | Sec. 12-4.47. Continued eligibility for developmental | 9 | | disability services for dependents of military service | 10 | | members. | 11 | | (a) As used in this Section: | 12 | | "Dependent" means a spouse, birth child, adopted child, or
| 13 | | stepchild of a military service member. | 14 | | "Legal resident" means a person who maintains Illinois as | 15 | | his
or her principal establishment, home of record, or | 16 | | permanent home and
to where, whenever absent due to military | 17 | | obligation, he or she intends
to return. | 18 | | "Military service" means service in the armed forces or | 19 | | armed
forces reserves of the United States, or membership in | 20 | | the Illinois National Guard. | 21 | | "Military service member" means a person who is currently | 22 | | in military service or who
has separated from military service | 23 | | in the previous 18 months through
either retirement or military | 24 | | separation. |
| | | HB5697 Enrolled | - 5 - | LRB098 20246 KTG 55668 b |
|
| 1 | | (b) A dependent, who is a legal resident of the State, | 2 | | having
previously been determined to be eligible for | 3 | | developmental disability
services provided by the Department | 4 | | of Human Services, including waiver services provided under the | 5 | | home and community based services programs authorized under | 6 | | Section 1915(c) of the Social Security Act, shall retain | 7 | | eligibility for those developmental disability services as | 8 | | long as he
or she remains a legal resident of the State, | 9 | | regardless of having left the State due to the military service | 10 | | member's military assignment
outside the State, and as long as | 11 | | he or she is otherwise eligible for such services. | 12 | | (c) The Department of Human Services shall permit a | 13 | | dependent who resides out-of-state to be placed on the waiting | 14 | | list for developmental disabilities services if the dependent | 15 | | left the State due to the military service member's military | 16 | | assignment outside the State, is otherwise eligible for those | 17 | | services, and furnishes the following: | 18 | | (1) a copy of the military service member's DD-214 or | 19 | | other
equivalent discharge paperwork; and | 20 | | (2) proof of the military service member's legal | 21 | | residence in the
State, as prescribed by the Department. | 22 | | (d) For dependents who received developmental disability | 23 | | services
and who left the State due to the military service | 24 | | member's military
assignment outside the State, upon the | 25 | | dependent's return to the State and when a request for services | 26 | | is made, the Department shall: |
| | | HB5697 Enrolled | - 6 - | LRB098 20246 KTG 55668 b |
|
| 1 | | (1) determine the dependent's eligibility for | 2 | | services, which may include a request
for waiver services | 3 | | provided under the home and community based services | 4 | | programs authorized under Section 1915(c) of the Social | 5 | | Security Act; | 6 | | (2) provide to the dependent notification of the | 7 | | determination of eligibility for services,
which includes | 8 | | notification of a denial of services if applicable; | 9 | | (3) provide the dependent an opportunity to contest the | 10 | | Department's determination through the appeals processes | 11 | | established
by the Department; and | 12 | | (4) resume services if the individual remains | 13 | | eligible. | 14 | | (e) As a condition of continued eligibility for services | 15 | | under subsection (b) of this Section,
a dependent must inform | 16 | | the Department of his or her
current address and provide | 17 | | updates as requested by the Department. | 18 | | (f) No payment pursuant to this Section shall be made for | 19 | | developmental disability services authorized under the | 20 | | Illinois Title XIX State Plan and provided outside the State | 21 | | unless those services satisfy the conditions specified in 42 | 22 | | CFR 431.52. No payment pursuant to this Section shall be made | 23 | | for home and community based services provided outside the | 24 | | State of Illinois. | 25 | | (g) The Department shall request a waiver from the | 26 | | appropriate
federal agency if a waiver is necessary to |
| | | HB5697 Enrolled | - 7 - | LRB098 20246 KTG 55668 b |
|
| 1 | | implement the provisions of this
Section. | 2 | | (h) The Department may adopt rules necessary to implement | 3 | | the
provisions of this Section.
| 4 | | Section 99. Effective date. This Act takes effect upon | 5 | | becoming law.
|
|