State of Illinois
91st General Assembly
Legislation

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91_HB1023

 
                                               LRB9104943DJcd

 1        AN  ACT  to amend the Department of Human Services Act by
 2    adding Article 15.

 3        Be it enacted by the People of  the  State  of  Illinois,
 4    represented in the General Assembly:

 5        Section   5.   The  Department  of  Human Services Act is
 6    amended by adding Article 15 as follows:

 7        (20 ILCS 1305/Art. 15 heading new)
 8        ARTICLE 15.  RURAL HUMAN SERVICES NETWORKING PROGRAM

 9        (20 ILCS 1305/15-5 new)
10        Sec. 15-5.  Legislative findings.  The  General  Assembly
11    finds as follows:
12             (1)  In  rural areas there is a necessity to promote
13        different  approaches  to  human  services  delivery   if
14        programs  are  to  properly address diverse community and
15        individual needs and such unique rural conditions as  low
16        population   density,   a  large  proportion  of  elderly
17        persons, the absence of economics  of  scale,  geographic
18        isolation, inadequate transportation, fluctuating service
19        demands,  and  general  lack of suitable alternatives for
20        service delivery.
21             (2)  The human services  delivery  system  in  rural
22        areas   is   often  fragmented,  consisting  of  isolated
23        providers with limited financial  resources  and  limited
24        information-sharing  networks.   Many  such providers are
25        currently providing identical or similar services to  the
26        same  clientele  in  the  same  area, often without being
27        aware of a possible duplication of effort.
28             (3)  A full  range  of  coordinated  and  integrated
29        human  services  is vital to the health and well-being of
30        residents of rural areas of the State who are or  may  in
 
                            -2-                LRB9104943DJcd
 1        the   future  be  confronted  with  such  intense  social
 2        problems as domestic violence, teenage pregnancy, migrant
 3        health  problems,  nutritional   deficiencies,   suicide,
 4        hunger,  unemployment,  lack  of suitable shelter, crime,
 5        drug and alcohol abuse, and poverty.
 6             (4)  A proper response to intense social problems in
 7        some rural areas would be to encourage greater sharing of
 8        information and resources among human services  providers
 9        in    those    rural   areas,   thereby   enhancing   the
10        cost-effectiveness and delivery of services  required  to
11        address   those   social   problems.   These  cooperative
12        undertakings  could  be  accomplished  if  a  program  of
13        financial incentives and State-level technical assistance
14        were made available to encourage providers in rural areas
15        to  embark  upon  these  cooperative   arrangements   and
16        networking of the services they provide.

17        (20 ILCS 1305/15-10 new)
18        Sec. 15-10.  In this Article 15:
19        "Advisory  committee"  means  the committee created under
20    Section 15-15.
21        "Human service" means any service  that  is  provided  to
22    individuals  or  groups  of  individuals  for  the purpose of
23    improving or enhancing those individuals' health  or  welfare
24    and that addresses one or more social problems, including but
25    not  limited  to  the  following:   domestic  violence, child
26    abuse,  crime,  drug  and  alcohol  abuse,  suicide,  teenage
27    pregnancy, nutritional deficiencies, migrant health problems,
28    unemployment, lack of suitable shelter, hunger, and poverty.
29        "Human   services   provider"   means   any   public   or
30    not-for-profit private entity that  uses  public  or  private
31    funds  or  both  public  and  private  funds to provide or to
32    contract for the provision of human services for the  benefit
33    of the general public or specific client groups.
 
                            -3-                LRB9104943DJcd
 1        "Rural area" means any of the following:
 2             (1)  An  unincorporated  area  located  in  a county
 3        having not more than 350,000 inhabitants.
 4             (2)  A municipality  having  not  more  than  20,000
 5        inhabitants, but not a municipality that is contiguous to
 6        a municipality having more than 20,000 inhabitants.

 7        (20 ILCS 1305/15-15 new)
 8        Sec. 15-15. Advisory committee.
 9        (a)  The   Rural   Human   Services  Networking  Advisory
10    Committee is created to assist the Secretary in carrying  out
11    the provisions of this Article.  The advisory committee shall
12    consist  of  the  following  members  or their designees: the
13    Director of  Aging,  the  Director  of  Children  and  Family
14    Services,  the Director of Public Health, a representative of
15    the Department of Human Services whose duties pertain to  the
16    Department's  mental  health  and  developmental disabilities
17    functions, and the head of  the  Office  of  Rural  Community
18    Development  within  the Department of Commerce and Community
19    Affairs.  The Secretary or  the  Secretary's  designee  shall
20    serve  as the chair of the advisory committee.  The Secretary
21    may  invite  the  head  of  any  other  department  of  State
22    government or a  representative  of  any  other  rural  human
23    services  provider  or consumer, or their designees, to serve
24    as  ex  officio  members  of  the  advisory  committee.   The
25    Secretary shall take all actions necessary or appropriate  to
26    promote the efficient and effective operation of the advisory
27    committee.
28        (b)  The advisory committee shall do the following:
29             (1)  Review   and   recommend   to   the   Secretary
30        guidelines  for the operation of the rural human services
31        networking program created under Section 15-20.
32             (2)  Recommend to the Secretary changes in  statutes
33        or  rules  necessary  to  accomplish the purposes of this
 
                            -4-                LRB9104943DJcd
 1        Article 15.
 2             (3)  Assist the Department in evaluating  the  rural
 3        human  services  networking  program  and  in  evaluating
 4        individual pilot projects under that program.
 5             (4)  Assist  the Secretary in developing interim and
 6        final reports in accordance with Section 15-60.
 7             (5)  Assist the the Secretary in  determining  which
 8        rural  areas  shall  receive  priority  consideration  in
 9        selecting  pilot project sites in accordance with Section
10        15-35.

11        (20 ILCS 1305/15-20 new)
12        Sec. 15-20.  Program established.   The  Secretary  shall
13    establish  within  the  Department  a  rural  human  services
14    networking   program  for  the  purpose  of  assisting  human
15    services providers in rural areas who seek to participate  in
16    the  program and to develop pilot projects to address intense
17    social problems through the creation of contracts or joint or
18    cooperative agreements between those providers.  These  pilot
19    projects  shall  capitalize on the strength of existing human
20    services providers by promoting the sharing of resources  and
21    service delivery in rural areas with the goal of reducing the
22    total  cost of those services to both consumers and providers
23    of  the  services  while  increasing  the  availability   and
24    accessibility  of  human  services in rural areas.  The pilot
25    projects shall also serve to identify methods  of  overcoming
26    impediments   to   the  joint  provision  of  integrated  and
27    cost-effective human services in rural areas.

28        (20 ILCS 1305/15-25 new)
29        Sec. 15-25.  Notice of program.  Within  120  days  after
30    the effective date of this amendatory Act of the 91st General
31    Assembly  and  with  the  advice and guidance of the advisory
32    committee, the Secretary shall  give  public  notice  of  the
 
                            -5-                LRB9104943DJcd
 1    existence  of the rural human services networking program and
 2    of the availability of competitive grants to  human  services
 3    providers  who  are  interested in undertaking pilot projects
 4    pursuant to this Article 15.  In connection with the  notice,
 5    the Secretary shall distribute information on the program and
 6    shall  distribute  grant  application forms and procedures to
 7    eligible human services providers.

 8        (20 ILCS 1305/15-30 new)
 9        Sec. 15-30.  Pilot project grants.
10        (a)  In order  to  implement  the  rural  human  services
11    networking  program,  the  Secretary  shall provide grants to
12    eligible human services  provider  applicants.    The  grants
13    shall  be  awarded  on  a  competitive  basis  and subject to
14    amounts appropriated for that purpose.  The Secretary may not
15    award a grant unless the application for the grant  has  been
16    reviewed by the department or departments of State government
17    that  license  or certify the applicants under State law.  In
18    determining whether to award a  grant,  the  Secretary  shall
19    consider all comments on the application that are made by the
20    licensing or certifying department or departments.
21        (b)  To be eligible for a grant under this Article 15, an
22    application must be submitted to the Secretary on behalf of 2
23    or more local or regional human services providers who intend
24    to  implement  a  pilot project in a rural area pursuant to a
25    contract or a joint or cooperative  agreement.   Applications
26    for  grants  must  be submitted on the forms and at the times
27    prescribed by the Secretary.
28        (c)  If the Secretary determines that an application  for
29    a  grant  is  complete  when  submitted,  the Secretary shall
30    approve or disapprove the application within 90 days after it
31    is received by the Secretary.   If  the  Secretary  initially
32    determines  that  an  application  is  incomplete,  or if the
33    applicant requests a waiver of any rule in order to implement
 
                            -6-                LRB9104943DJcd
 1    the proposed pilot project, the Secretary  shall  approve  or
 2    disapprove the application within 90 days after the Secretary
 3    determines  that  the  application  is  complete or after the
 4    Secretary makes a determination to approve or deny the waiver
 5    request.

 6        (20 ILCS 1305/15-35 new)
 7        Sec. 15-35.  Matters to be considered in awarding grants.
 8    The Secretary, with the advice and guidance of  the  advisory
 9    committee,  shall determine the most sparsely populated rural
10    areas in the State.  In determining  whether  to  approve  an
11    application  and  award  a  grant  under this Article 15, the
12    Secretary shall give priority consideration  to  applications
13    received   from   human  services  providers  who  intend  to
14    implement pilot projects in those rural areas.  In  addition,
15    the  Secretary  shall  consider matters that include, but are
16    not limited to, the following:
17             (1)  A description of the proposed pilot project and
18        its  specific   objective,   including   a   demonstrated
19        awareness  of the level of human services currently being
20        provided in the service area.
21             (2)  The degree to which the proposed pilot  project
22        will meet local or regional human services needs.
23             (3)  The   applicants'   demonstrated   ability   to
24        undertake the proposed pilot project.
25             (4)  The   contribution   that  the  proposed  pilot
26        project  will  make  toward  identifying  and  developing
27        innovative delivery systems.
28             (5)  The degree to which the proposed pilot  project
29        will enhance the delivery or improve the availability and
30        accessibility  of human services with respect to the full
31        continuum of human services needs.
32             (6)  The degree to which the proposed pilot  project
33        will foster and improve continuity of care.
 
                            -7-                LRB9104943DJcd
 1             (7)  The  degree to which the proposed pilot project
 2        will enhance cost efficiency and access to human services
 3        by populations that need those services.
 4             (8)  The degree to which the proposed pilot  project
 5        will   foster  information  sharing,  communication,  and
 6        cooperation  between   human   services   providers   and
 7        consumers.
 8             (9)  The  degree to which the proposed pilot project
 9        will address economies of scale in both the supply of and
10        the demand for human services.
11             (10)  The  demonstrated  level  of  commitment   and
12        support  for  the proposed pilot project expressed by the
13        community, local governmental bodies, and other local  or
14        regional human services providers.
15             (11)  The  impact  that  the  proposed pilot project
16        will have on State agencies that provide  human  services
17        or  moneys for human services programs in the rural area,
18        as determined by  the  Secretary  after  consulting  with
19        those State agencies.
20             (12)  Whether  implementation  of the proposed pilot
21        project will result in any potential decrease  in  moneys
22        or  State  or  federal  aid, including but not limited to
23        reimbursements under Article V of the Illinois Public Aid
24        Code, received  by  human  services  providers,  and  the
25        actions  that  will be taken by the applicants and by the
26        Secretary to ensure that current levels  of  funding  and
27        aid are continued.

28        (20 ILCS 1305/15-40 new)
29        Sec.  15-40.   Preliminary  plans.   The Secretary or the
30    Secretary's   authorized   representative   may   meet   with
31    representatives of grant  applicants  to  informally  discuss
32    preliminary and informal plans for a proposed pilot project.
 
                            -8-                LRB9104943DJcd
 1        (20 ILCS 1305/15-45 new)
 2        Sec. 15-45.  Grant amounts; use; grantee reports.
 3        (a)  The  Secretary  shall  approve a pilot project under
 4    this Article 15 for a period of time not exceeding 3 years.
 5        (b)  Subject to amounts appropriated  for  that  purpose,
 6    the  Secretary  shall  award  pilot project grants under this
 7    Article 15 in amounts of not less than $10,000 nor more  than
 8    $50,000  to  any pilot project in any calendar year.  Subject
 9    to amounts appropriated for the purpose,  the  Secretary  may
10    annually renew a grant, but a grantee may not receive a grant
11    for  more  than  3  consecutive years.  The amount of a grant
12    awarded for a second or third year may be  the  same  as  the
13    amount  awarded  for the first year or may be a lesser amount
14    but in any event shall be determined in accordance  with  the
15    nature  of the pilot project and the number of human services
16    providers and consumers involved in the pilot project.
17        (c)  If the Secretary determines that a grantee is  using
18    grant  moneys awarded under this Article 15 for purposes that
19    do not  conform  with  the  purposes  of  this  Article,  the
20    Secretary  may  withdraw  approval  of  the  grantee's  pilot
21    project  and  require that the grantee repay all or a part of
22    the grant amount to the State.
23        (d)  Each grantee under this Article 15 shall  submit  to
24    the Secretary reports concerning the grantee's pilot project.
25    The Secretary shall prescribe the matters to be reported, the
26    times for submitting the reports, and the manner in which the
27    reports are to be submitted.

28        (20 ILCS 1305/15-50 new)
29        Sec. 15-50.  Waiver of rules.
30        (a)  For  the  purpose of promoting innovative approaches
31    and  maximum  effectiveness  in  utilizing  State  and  local
32    moneys, and notwithstanding any other provision of  law,  the
33    Secretary  may  waive  any  rule  of  the Department that may
 
                            -9-                LRB9104943DJcd
 1    impede the successful implementation and testing of  a  pilot
 2    project.  The Secretary may not waive a rule, however, unless
 3    the  Secretary  finds  that the general welfare of the people
 4    receiving human services will not be impaired by the waiver.
 5        (b)  The  Secretary  shall   consult   with   appropriate
 6    federal,  State,  and  local officials in an effort to secure
 7    their cooperation in coordinating  related  programs  and  in
 8    seeking  the  waiver  of administrative rules as necessary to
 9    ensure   the   effective   operation   of   pilot   projects.
10    Notwithstanding any other provision of law, at the request of
11    the Secretary on behalf of an applicant  for  a  grant  under
12    this  Article  15,  the head of any other department of State
13    government may waive any applicable rule of  that  department
14    that  may  impede  the  successful  implementation of a pilot
15    project, provided that the Secretary finds that  the  general
16    welfare  of  the  people receiving human services will not be
17    impaired by the waiver.

18        (20 ILCS 1305/15-55 new)
19        Sec. 15-55.  Technical assistance to  implement  project.
20    Upon  the  request  of  an  applicant  for a grant under this
21    Article 15,  the  Secretary  or  the  Secretary's  authorized
22    representative  may  provide  to  the applicant any technical
23    services or assistance that the Department possesses or  that
24    is  available  to  the  Department  in  order  to  enable the
25    applicant to implement the pilot project and the terms of the
26    contract or joint or cooperative  agreement  upon  which  the
27    pilot project is based.

28        (20 ILCS 1305/15-60 new)
29        Sec. 15-60.  Reports.
30        (a)  The  Secretary,  in  conjunction  with  the advisory
31    committee, shall prepare an interim report within  30  months
32    after  the  effective date of this amendatory Act of the 91st
 
                            -10-               LRB9104943DJcd
 1    General Assembly.  The interim report shall include a  review
 2    of each pilot project approved for a grant under this Article
 3    15.
 4        (b)  The  Secretary,  in  conjunction  with  the advisory
 5    committee, shall prepare a  final  report  within  60  months
 6    after  the  effective date of this amendatory Act of the 91st
 7    General  Assembly.   The  final  report   shall   contain   a
 8    description  of each pilot project approved for a grant under
 9    this Article 15 and the effect of each pilot project  on  the
10    cost,  delivery,  and  accessibility of human services in the
11    rural area served by the pilot  project.   The  final  report
12    shall  describe  the effect of each pilot project on existing
13    providers and consumers of human services in the  rural  area
14    served  by  the  pilot  project  and shall describe the pilot
15    project's effect on each community served. The  final  report
16    shall  identify  laws  or  administrative  rules that, in the
17    opinion of the Secretary or the advisory committee, should be
18    amended or repealed in order to make it possible to  properly
19    and  efficiently  implement  similar  projects or programs in
20    other rural areas of the State.
21        (c)  The Secretary shall distribute copies of the interim
22    and final reports to the Governor, the General Assembly,  and
23    each  human  services  provider  participating  in  the pilot
24    projects.

25        (20 ILCS 1305/15-65 new)
26        Sec. 15-65.  No diminution of  other  funding.   For  the
27    duration  of  the  period  of  a grant under this Article 15,
28    other funding to which a local  or  regional  human  services
29    provider   would   be   entitled   by  law  if  it  were  not
30    participating in an approved pilot project may not be  denied
31    or   diminished   solely   because  the  provider  elects  to
32    participate in the pilot project.  Notwithstanding any  other
33    provision  of  law,  that  other funding shall continue to be
 
                            -11-               LRB9104943DJcd
 1    allocated in the same manner and in the same amount as if the
 2    human services provider were not participating in  the  pilot
 3    project.

 4        (20 ILCS 1305/15-70 new)
 5        Sec.  15-70.  This  Article  15 is repealed 5 years after
 6    the effective date of this amendatory Act of the 91st General
 7    Assembly.

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