Illinois General Assembly - Full Text of HB5539
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Full Text of HB5539  100th General Assembly

HB5539 100TH GENERAL ASSEMBLY

  
  

 


 
100TH GENERAL ASSEMBLY
State of Illinois
2017 and 2018
HB5539

 

Introduced , by Rep. Robyn Gabel

 

SYNOPSIS AS INTRODUCED:
 
20 ILCS 1705/76 new

    Amends the Mental Health and Developmental Disabilities Administrative Act. Requires the Department of Human Services, by June 30, 2022, to select from the Prioritization of the Urgency of Need of Services (PUNS) database no fewer than 3,600 persons with intellectual or developmental disabilities to receive relevant State services and supports. Provides that no fewer than 600 persons shall be selected to receive services by June 30, 2019 and the numbers of persons selected shall increase each year thereafter until the list of persons in the PUNS is exhausted. Requires the Department to pursue all federal funding options for intellectual and developmental services and supports including applying for a demonstration waiver and a State Plan amendment to expand and increase the availability of services to persons with intellectual and developmental disabilities. Requires federal funding obtained under a demonstration waiver to be directed towards increasing the availability of permanent supportive housing and other community-integrated living arrangements. Requires federal funding obtained as a result of federal approval of a Medicaid State Plan amendment to fund a Illinois Children and Adult Home and Community-Based Services Pilot Program to expand and increase community-based services and housing options for adults and children eligible for services under the Department's Home and Community-Based Services Waiver programs. Provides that subject to federal approval, the availability of housing options and support services provided under a demonstration waiver or Medicaid State Plan amendment shall be fully implemented by June 30, 2022. Contains provisions on reporting requirements and other matters.


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FISCAL NOTE ACT MAY APPLY

 

 

A BILL FOR

 

HB5539LRB100 17149 KTG 32303 b

1    AN ACT concerning State government.
 
2    Be it enacted by the People of the State of Illinois,
3represented in the General Assembly:
 
4    Section 5. The Mental Health and Developmental
5Disabilities Administrative Act is amended by adding Section 76
6as follows:
 
7    (20 ILCS 1705/76 new)
8    Sec. 76. Increased intellectual and developmental services
9and supports; PUNS database.
10    (a) By June 30, 2022 the Department of Human Services shall
11select from the Prioritization of the Urgency of Need of
12Services (PUNS) database no fewer than 3,600 persons with
13intellectual or developmental disabilities to receive relevant
14State services and supports. No fewer than 600 persons with
15intellectual or developmental disabilities shall be selected
16to receive services under this Section by June 30, 2019. The
17numbers of persons selected shall increase each year as
18follows:
19        (1) no fewer than 800 persons selected between July 1,
20    2019 and June 30, 2020;
21        (2) no fewer than 1,000 persons selected between July
22    1, 2020 and June 30, 2021;
23        (3) no fewer than 1,200 persons selected between July

 

 

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1    1, 2021 and June 30, 2022; and
2        (4) no fewer than 1,200 selected beginning July 1,
3    2022, and every July 1 thereafter, until the list of
4    persons in the PUNS database awaiting State services is
5    exhausted.
6    (b) The Department shall fund services provided to persons
7selected from the database by pursuing all federal funding
8options for intellectual and developmental services and
9supports, including, but not limited to, applying to the
10federal Centers for Medicare and Medicaid Services for:
11        (1) a demonstration waiver under Section 1115 of the
12    Social Security Act to expand housing options and relevant
13    support services for persons with intellectual or
14    developmental disabilities; and
15        (2) approval of a Title XIX State Plan amendment to
16    implement the Community First Choice Option in accordance
17    with Section 1915(k) of the Social Security Act.
18    (c) All federal funding obtained as a result of federal
19approval of a demonstration waiver under Section 1115 of the
20Social Security Act shall be used to expand and increase the
21availability of support services for persons with intellectual
22or developmental disabilities, including, but not limited to,
23housing options, employment opportunities, direct service
24provider workers, day programming, and all other support
25services necessary for persons with intellectual or
26developmental disabilities. Federal funding used to expand

 

 

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1housing options shall be directed towards increasing the
2availability of permanent supportive housing as described in 59
3Ill. Adm. Code 145.20 and other community-integrated living
4arrangements that provide a minimum of one person per unit to
5no more than 8 persons per living arrangement. A person's
6eligibility for housing and support services under this Section
7shall be based on a flexible severity of needs sliding scale to
8be defined by the Department by rule. The Department must adopt
9a definition for the flexible severity of needs sliding scale
10no later than March 1, 2019. The initial availability of
11housing options and support services under this Section shall
12occur no later than June 30, 2019 or 60 days after the
13Department's receipt of federal approval for the demonstration
14waiver, whichever is later. Upon receipt of all necessary
15federal approvals, the availability of housing options and
16support services under this Section shall be fully implemented
17by June 30, 2022.
18    (d)(1) All federal funding obtained as a result of federal
19approval of a Title XIX State Plan amendment to implement the
20Community First Choice Option pursuant to Section 1915(k) of
21the Social Security Act shall be used to fund the Illinois
22Children and Adult Home and Community-Based Services Pilot
23Program established and maintained by the Department as
24provided under paragraph (2) of this subsection.
25    (2) The Department shall establish and maintain the
26Illinois Children and Adult Home and Community-Based Services

 

 

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1Pilot Program to expand and increase community-based services
2and housing options for adults and children with disabilities
3who are eligible for services under the Department's Home and
4Community-Based Services Waiver for Persons with Developmental
5Disabilities. The Pilot Program shall be funded with all
6federal moneys received as a result of federal approval of a
7Title XIX State Plan amendment to implement the Community First
8Choice Option pursuant to Section 1915(k) of the Social
9Security Act. The Department shall establish the program no
10later than June 30, 2019 or 60 days after the Department's
11receipt of federal approval to implement the Community First
12Choice Option, whichever is later. Upon receipt of all
13necessary federal approvals, the Illinois Children and Adult
14Home and Community-Based Services Pilot Program shall be fully
15operational by June 30, 2022.
16    (e) The Department, in consultation with all relevant State
17agencies, shall annually report to the General Assembly on the
18progress made in implementing the provisions of this Section.
19The Department shall submit its first report no later than May
2031, 2020 and every May 31 thereafter. The Department, and all
21relevant State agencies, shall fully implement the supports and
22services required under this Section by June 30, 2022.
23    (f) Implementation of this Section shall be contingent on
24the receipt of all necessary federal waivers or approvals. Upon
25receipt of all necessary federal waivers or approvals, the
26Department shall implement the provisions of this Section 60

 

 

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1days after the date federal approval is received or 60 days
2after the effective date of this amendatory Act of the 100th
3General Assembly, whichever is later.