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91_SB1117eng SB1117 Engrossed LRB9102503DHmgB 1 AN ACT concerning rehabilitation of persons with 2 disabilities. 3 Be it enacted by the People of the State of Illinois, 4 represented in the General Assembly: 5 Section 5. The Civil Administrative Code of Illinois is 6 amended by changing Section 6.23 as follows: 7 (20 ILCS 5/6.23) (from Ch. 127, par. 6.23) 8 Sec. 6.23. In the Department of Human Services. A State 9 RehabilitationAdvisoryCouncil, hereinafter referred to as 10 the Council, is hereby established for the purpose of 11 advising the Secretary and the vocational rehabilitation 12 administrator of the provisions of the federal Rehabilitation 13 Act of 1973 and the Americans with Disabilities Act of 1990 14 in matters concerning individuals with disabilities and the 15 provision of rehabilitation services. The Council shall 16 consist of 2523members appointed by the Governor after 17 soliciting recommendations from representatives of 18 organizations representing a broad range of individuals with 19 disabilities and organizations interested in individuals with 20 disabilities. The Governor shall appoint to this Council the 21 following: 22 (1) One representative of a parent training center 23 established in accordance with the federal Individuals 24 with Disabilities Education Act. 25 (2) One representative of the client assistance 26 program. 27 (3) One vocational rehabilitation counselor who has 28 knowledge of and experience with vocational 29 rehabilitation programs. (If an employee of the 30 Department is appointed, that appointee shall serve as an 31 ex officio, nonvoting member.) SB1117 Engrossed -2- LRB9102503DHmgB 1 (4) One representative of community rehabilitation 2 program service providers. 3 (5) Four representatives of business, industry, and 4 labor. 5 (6) Eight representatives of disability advocacy 6 groups representing a cross section of the following: 7 (A) individuals with physical, cognitive, 8 sensory, and mental disabilities; and 9 (B) parents, family members, guardians, 10 advocates, or authorized representative of 11 individuals with disabilities who have difficulty in 12 representing themselves or who are unable, due to 13 their disabilities, to represent themselves. 14 (7) One current or former applicant for, or 15 recipient of, vocational rehabilitation services. 16 (8) Three representatives from secondary or higher 17 education. 18 (9) One representative of the State Workforce 19 Investment Board. 20 (10) One representative of the Illinois State Board 21 of Education who is knowledgeable about the Individuals 22 with Disabilities Education Act. 23 The chairperson of, or a member designated by, the Statewide 24 Independent Living Council created under Section 12a of the 25 Disabled Persons Rehabilitation Act, the chairperson of the 26 Blind Services Planning Council created under the Bureau for 27 the Blind Act, and the vocational rehabilitation 28 administrator shall serve as ex officio members. The 29 vocational rehabilitation administrator shall have no vote. 30 The Council shall select a Chairperson. 31 The Chairperson and at least 1211other members of the 32 Council shall have a recognized disability. One member shall 33 be a senior citizen age 60 or over. A majority of the 34 Council members shall not be employees of the Department of SB1117 Engrossed -3- LRB9102503DHmgB 1 Human Services. Current members of the Rehabilitation 2 ServicesAdvisoryCouncil shall serve until members of the 3 newly created Council are appointed. 4 The terms of all members appointed before the effective 5 date of this amendatory Act of 1993 shall expire on July 1, 6 1993. The members first appointed under this amendatory Act 7 of 1993 shall be appointed to serve for staggered terms 8 beginning July 1, 1993, as follows: 7 members shall be 9 appointed for terms of 3 years, 7 members shall be appointed 10 for terms of 2 years, and 6 members shall be appointed for 11 terms of one year. Thereafter, all appointments shall be for 12 terms of 3 years. Vacancies shall be filled for the 13 unexpired term. Appointments to fill vacancies in unexpired 14 terms and new terms shall be filled by the Governor or by the 15 Council if the Governor delegates that power to the Council 16 by executive order. Members shall serve until their 17 successors are appointed and qualified. No member, except 18 the representative of the client assistance program, shall 19 serve for more than 2 full terms. 20 Members shall be reimbursed for their actual expenses 21 incurred in the performance of their duties, including 22 expenses for travel, child care, and personal assistance 23 services, and a member who is not employed or who must 24 forfeit wages from other employment shall be paid reasonable 25 compensation for each day the member is engaged in performing 26 the duties of the Council. 27 The Council shall meet at least 4 times per year at times 28 and places designated by the Chairman upon 10 days written 29 notice to the members. Special meetings may be called by the 30 Chairperson or 7 members of the Council upon 7 days written 31 notice to the other members. Nine members shall constitute a 32 quorum. No member of the Council shall cast a vote on any 33 matter that would provide direct financial benefit to the 34 member or otherwise give the appearance of a conflict of SB1117 Engrossed -4- LRB9102503DHmgB 1 interest under Illinois law. 2 The Council shall prepare and submit to the vocational 3 rehabilitation administrator such reports and findings as he 4 or she may request or as the Council deems fit. The Council 5 shall select jointly with the vocational rehabilitation 6 administrator a pool of qualified persons to serve as 7 impartial hearing officers. The Council shall, with the 8 vocational rehabilitation unit in the Department, jointly 9 develop, agree to, and review annually State goals and 10 priorities and jointly submit annual reports of progress to 11 the federal Commissioner of the Rehabilitation Services 12 Administration. 13 To the extent that there is a disagreement between the 14 Council and the unit within the Department of Human Services 15 responsible for the administration of the vocational 16 rehabilitation program, regarding the resources necessary to 17 carry out the functions of the Council as set forth in this 18 Section, the disagreement shall be resolved by the Governor. 19 (Source: P.A. 89-507, eff. 7-1-97; 90-453, eff. 8-16-97.) 20 Section 10. The Disabled Persons Rehabilitation Act is 21 amended by changing Sections 3 and 12a as follows: 22 (20 ILCS 2405/3) (from Ch. 23, par. 3434) 23 Sec. 3. Powers and duties. The Department shall have the 24 powers and duties enumerated herein: 25 (a) To co-operate with the federal government in the 26 administration of the provisions of the federal 27 Rehabilitation Act of 1973, as amended, of the Workforce 28 Investment Act of 1998, and of the federal Social Security 29 Act to the extent and in the manner provided in these Acts. 30 (b) To prescribe and supervise such courses of 31 vocational training and provide such other services as may be 32 necessary for the habilitation and rehabilitation of persons SB1117 Engrossed -5- LRB9102503DHmgB 1 with one or more disabilities, including the administrative 2 activities under subsection (e) of this Section, and to 3 co-operate with State and local school authorities and other 4 recognized agencies engaged in habilitation, rehabilitation 5 and comprehensive rehabilitation services; and to cooperate 6 with the Department of Children and Family Services regarding 7 the care and education of children with one or more 8 disabilities. 9 (c) To make such reports and submit such plans to the 10 federal government as are required by the provisions of the 11 federal Rehabilitation Act of 1973, as amended, and by the 12 rules and regulations of the federal agency or agencies 13 administering the federal Rehabilitation Act of 1973, as 14 amended, the Workforce Investment Act of 1998, and the 15 federal Social Security Act. 16 (d) To report in writing, to the Governor, annually on 17 or before the first day of December, and at such other times 18 and in such manner and upon such subjects as the Governor may 19 require. The annual report shall contain (1) a statement of 20 the existing condition of comprehensive rehabilitation 21 services, habilitation and rehabilitation in the State; (2) a 22 statement of suggestions and recommendations with reference 23 to the development of comprehensive rehabilitation services, 24 habilitation and rehabilitation in the State; and (3) an 25 itemized statement of the amounts of money received from 26 federal, State and other sources, and of the objects and 27 purposes to which the respective items of these several 28 amounts have been devoted. 29 (e) To exercise, pursuant to Section 13 of this Act, 30 executive and administrative supervision over all 31 institutions, divisions, programs and services now existing 32 or hereafter acquired or created under the jurisdiction of 33 the Department, including, but not limited to, the following: 34 The Illinois School for the Visually Impaired at SB1117 Engrossed -6- LRB9102503DHmgB 1 Jacksonville, as provided under Section 10 of this Act, 2 The Illinois School for the Deaf at Jacksonville, as 3 provided under Section 10 of this Act, and 4 The Illinois Center for Rehabilitation and Education, as 5 provided under Section 11 of this Act. 6 (f) To establish a program of services to prevent 7 unnecessary institutionalization of persons with Alzheimer's 8 disease and related disorders or persons in need of long term 9 care who are established as blind or disabled as defined by 10 the Social Security Act, thereby enabling them to remain in 11 their own homes or other living arrangements. Such preventive 12 services may include, but are not limited to, any or all of 13 the following: 14 (1) home health services; 15 (2) home nursing services; 16 (3) homemaker services; 17 (4) chore and housekeeping services; 18 (5) day care services; 19 (6) home-delivered meals; 20 (7) education in self-care; 21 (8) personal care services; 22 (9) adult day health services; 23 (10) habilitation services; 24 (11) respite care; or 25 (12) other nonmedical social services that may 26 enable the person to become self-supporting. 27 The Department shall establish eligibility standards for 28 such services taking into consideration the unique economic 29 and social needs of the population for whom they are to be 30 provided. Such eligibility standards may be based on the 31 recipient's ability to pay for services; provided, however, 32 that any portion of a person's income that is equal to or 33 less than the "protected income" level shall not be 34 considered by the Department in determining eligibility. The SB1117 Engrossed -7- LRB9102503DHmgB 1 "protected income" level shall be determined by the 2 Department, shall never be less than the federal poverty 3 standard, and shall be adjusted each year to reflect changes 4 in the Consumer Price Index For All Urban Consumers as 5 determined by the United States Department of Labor. 6 Additionally, in determining the amount and nature of 7 services for which a person may qualify, consideration shall 8 not be given to the value of cash, property or other assets 9 held in the name of the person's spouse pursuant to a written 10 agreement dividing marital property into equal but separate 11 shares or pursuant to a transfer of the person's interest in 12 a home to his spouse, provided that the spouse's share of the 13 marital property is not made available to the person seeking 14 such services. 15 The services shall be provided to eligible persons to 16 prevent unnecessary or premature institutionalization, to the 17 extent that the cost of the services, together with the other 18 personal maintenance expenses of the persons, are reasonably 19 related to the standards established for care in a group 20 facility appropriate to their condition. These 21 non-institutional services, pilot projects or experimental 22 facilities may be provided as part of or in addition to those 23 authorized by federal law or those funded and administered by 24 the Illinois Department on Aging. 25 Personal care attendants shall be paid: 26 (i) A $5 per hour minimum rate beginning July 1, 27 1995. 28 (ii) A $5.30 per hour minimum rate beginning July 29 1, 1997. 30 (iii) A $5.40 per hour minimum rate beginning July 31 1, 1998. 32 The Department shall execute, relative to the nursing 33 home prescreening project, as authorized by Section 4.03 of 34 the Illinois Act on the Aging, written inter-agency SB1117 Engrossed -8- LRB9102503DHmgB 1 agreements with the Department on Aging and the Department of 2 Public Aid, to effect the following: (i) intake procedures 3 and common eligibility criteria for those persons who are 4 receiving non-institutional services; and (ii) the 5 establishment and development of non-institutional services 6 in areas of the State where they are not currently available 7 or are undeveloped. On and after July 1, 1996, all nursing 8 home prescreenings for individuals 18 through 59 years of age 9 shall be conducted by the Department. 10 The Department is authorized to establish a system of 11 recipient cost-sharing for services provided under this 12 Section. The cost-sharing shall be based upon the 13 recipient's ability to pay for services, but in no case shall 14 the recipient's share exceed the actual cost of the services 15 provided. Protected income shall not be considered by the 16 Department in its determination of the recipient's ability to 17 pay a share of the cost of services. The level of 18 cost-sharing shall be adjusted each year to reflect changes 19 in the "protected income" level. The Department shall deduct 20 from the recipient's share of the cost of services any money 21 expended by the recipient for disability-related expenses. 22 The Department, or the Department's authorized 23 representative, shall recover the amount of moneys expended 24 for services provided to or in behalf of a person under this 25 Section by a claim against the person's estate or against the 26 estate of the person's surviving spouse, but no recovery may 27 be had until after the death of the surviving spouse, if any, 28 and then only at such time when there is no surviving child 29 who is under age 21, blind, or permanently and totally 30 disabled. This paragraph, however, shall not bar recovery, 31 at the death of the person, of moneys for services provided 32 to the person or in behalf of the person under this Section 33 to which the person was not entitled; provided that such 34 recovery shall not be enforced against any real estate while SB1117 Engrossed -9- LRB9102503DHmgB 1 it is occupied as a homestead by the surviving spouse or 2 other dependent, if no claims by other creditors have been 3 filed against the estate, or, if such claims have been filed, 4 they remain dormant for failure of prosecution or failure of 5 the claimant to compel administration of the estate for the 6 purpose of payment. This paragraph shall not bar recovery 7 from the estate of a spouse, under Sections 1915 and 1924 of 8 the Social Security Act and Section 5-4 of the Illinois 9 Public Aid Code, who precedes a person receiving services 10 under this Section in death. All moneys for services paid to 11 or in behalf of the person under this Section shall be 12 claimed for recovery from the deceased spouse's estate. 13 "Homestead", as used in this paragraph, means the dwelling 14 house and contiguous real estate occupied by a surviving 15 spouse or relative, as defined by the rules and regulations 16 of the Illinois Department of Public Aid, regardless of the 17 value of the property. 18 The Department and the Department on Aging shall 19 cooperate in the development and submission of an annual 20 report on programs and services provided under this Section. 21 Such joint report shall be filed with the Governor and the 22 General Assembly on or before September 30 each year. 23 The requirement for reporting to the General Assembly 24 shall be satisfied by filing copies of the report with the 25 Speaker, the Minority Leader and the Clerk of the House of 26 Representatives and the President, the Minority Leader and 27 the Secretary of the Senate and the Legislative Research 28 Unit, as required by Section 3.1 of the General Assembly 29 Organization Act, and filing additional copies with the State 30 Government Report Distribution Center for the General 31 Assembly as required under paragraph (t) of Section 7 of the 32 State Library Act. 33 (g) To establish such subdivisions of the Department as 34 shall be desirable and assign to the various subdivisions the SB1117 Engrossed -10- LRB9102503DHmgB 1 responsibilities and duties placed upon the Department by 2 law. 3 (h) To cooperate and enter into any necessary agreements 4 with the Department of Employment Security for the provision 5 of job placement and job referral services to clients of the 6 Department, including job service registration of such 7 clients with Illinois Employment Security offices and making 8 job listings maintained by the Department of Employment 9 Security available to such clients. 10 (i) To possess all powers reasonable and necessary for 11 the exercise and administration of the powers, duties and 12 responsibilities of the Department which are provided for by 13 law. 14 (j) To establish a procedure whereby new providers of 15 personal care attendant services shall submit vouchers to the 16 State for payment two times during their first month of 17 employment and one time per month thereafter. In no case 18 shall the Department pay personal care attendants an hourly 19 wage that is less than the federal minimum wage. 20 (k) To provide adequate notice to providers of chore and 21 housekeeping services informing them that they are entitled 22 to an interest payment on bills which are not promptly paid 23 pursuant to Section 3 of the State Prompt Payment Act. 24 (l) To establish, operate and maintain a Statewide 25 Housing Clearinghouse of information on available, government 26 subsidized housing accessible to disabled persons and 27 available privately owned housing accessible to disabled 28 persons. The information shall include but not be limited to 29 the location, rental requirements, access features and 30 proximity to public transportation of available housing. The 31 Clearinghouse shall consist of at least a computerized 32 database for the storage and retrieval of information and a 33 separate or shared toll free telephone number for use by 34 those seeking information from the Clearinghouse. Department SB1117 Engrossed -11- LRB9102503DHmgB 1 offices and personnel throughout the State shall also assist 2 in the operation of the Statewide Housing Clearinghouse. 3 Cooperation with local, State and federal housing managers 4 shall be sought and extended in order to frequently and 5 promptly update the Clearinghouse's information. 6 (Source: P.A. 89-21, eff. 7-1-95; 89-352, eff. 8-17-95; 7 89-626, eff. 8-9-96; 90-365, eff. 8-10-97.) 8 (20 ILCS 2405/12a) (from Ch. 23, par. 3443a) 9 Sec. 12a. Centers for independent living. 10 (a) Purpose. Recognizing that persons with significant 11severedisabilities deserve a high quality of life within 12 their communities regardless of their disabilities, the 13 Department, working with the Statewide Independent Living 14 Council, shall develop a State plan for submission on an 15 annual basis to the Commissioner. The Department shall adopt 16 rules for implementing the State plan in accordance with the 17 federal Act, including rules adopted under the federal Act 18 governing the award of grants. 19 (b) Definitions. As used in this Section, unless the 20 context clearly requires otherwise: 21 "Federal Act" means the federal1973Rehabilitation Act 22 of 1973, as amended. 23 "Center for independent living" means a consumer 24 controlled, community based, cross-disability, 25 non-residential, private non-profit agency that is designated 26 and operated within a local community by individuals with 27 disabilities and provides an array of independent living 28 services. 29 "Consumer controlled" means that the center for 30 independent living vests power and authority in individuals 31 with disabilities and that at least 51% of the directors of 32 the center are persons with one or more disabilities as 33 defined by this Act. SB1117 Engrossed -12- LRB9102503DHmgB 1 "Commissioner" means the Commissioner of the 2 Rehabilitation Services Administration in the United States 3 Department of EducationHealth and Human Services. 4 "Council" means the Statewide Independent Living Council 5 appointed under subsection (d). 6 "Individual with a disability" means any individual who 7 has a physical or mental impairment that substantially limits 8 a major life activity, has a record of such an impairment, or 9 is regarded as having such an impairment. 10 "Individual with a significantseveredisability" means 11 an individual with a significantseverephysical or mental 12 impairment, whose ability to function independently in the 13 family or community or whose ability to obtain, maintain, or 14 advance in employment is substantially limited and for whom 15 the delivery of independent living services will improve the 16 ability to function, continue functioning, or move toward 17 functioning independently in the family or community or to 18 continue in employment. 19 "State plan" means the materials submitted by the 20 Department to the Commissioner on an annual basis that 21 contain the State's proposal for: 22 (1) The provision of statewide independent living 23 services. 24 (2) The development and support of a statewide 25 network of centers for independent living. 26 (3) Working relationships between (i) programs 27 providing independent living services and independent 28 living centers and (ii) the vocational rehabilitation 29 program administered by the Department under the federal 30 Act and other programs providing services for individuals 31 with disabilities. 32 (c) Authority. The unit of the Department headed by the 33 vocational rehabilitation administrator shall be designated 34 the State unit under Title VII of the federal Act and shall SB1117 Engrossed -13- LRB9102503DHmgB 1 have the following responsibilities: 2 (1) To receive, account for, and disburse funds 3 received by the State under the federal Act based on the 4 State plan. 5 (2) To provide administrative support services to 6 centers for independent living programs. 7 (3) To keep records, and take such actions with 8 respect to those records, as the Commissioner finds to be 9 necessary with respect to the programs. 10 (4) To submit additional information or provide 11 assurances the Commissioner may require with respect to 12 the programs. 13 The vocational rehabilitation administrator and the 14 Chairperson of the Council are responsible for jointly 15 developing and signing the State plan required by Section 704 16 of the federal Act. The State plan shall conform to the 17 requirements of Section 704 of the federal Act. 18 (d) Statewide Independent Living Council. 19 The Governor shall appoint a Statewide Independent Living 20 Council, comprised of 18 members, which shall be established 21 as an entity separate and distinct from the Department. The 22 composition of the Council shall include the following: 23 (1) At least one director of a center for 24 independent living chosen by the directors of centers for 25 independent living within the State. 26 (2) A representative from the unit of the 27 Department of Human Services responsible for the 28 administration of the vocational rehabilitation program 29 and a representative from another unit in the Department 30 of Human Services that provides services for individuals 31 with disabilities and a representative each from the 32 Department on Aging, the State Board of Education, and 33 the Department of Children and Family Services, all as 34 ex-officio, non-voting members who shall not be counted SB1117 Engrossed -14- LRB9102503DHmgB 1 in the 18 members appointed by the Governor. 2 In addition, the Council may include the following: 3 (A) One or more representatives of centers for 4 independent living. 5 (B) One or more parents or guardians of individuals 6 with disabilities. 7 (C) One or more advocates for individuals with 8 disabilities. 9 (D) One or more representatives of private 10 business. 11 (E) One or more representatives of organizations 12 that provide services for individuals with disabilities. 13 (F) Other appropriate individuals. 14 After soliciting recommendations from organizations 15 representing a broad range of individuals with disabilities 16 and organizations interested in individuals with 17 disabilities, the Governor shall appoint members of the 18 Council for terms beginning July 1, 1993. The Council shall 19 be composed of members (i) who provide statewide 20 representation; (ii) who represent a broad range of 21 individuals with disabilities from diverse backgrounds; (iii) 22 who are knowledgeable about centers for independent living 23 and independent living services; and (iv) a majority of whom 24 are persons who are individuals with disabilities and are not 25 employed by any State agency or center for independent 26 living.The terms of all members of the Independent Living27Advisory Council who were appointed for terms beginning28before July 1, 1993, shall expire on July 1, 1993.29 The council shall elect a chairperson from among its 30 voting membership. 31 Each member of the Council shall serve for terms of 3 32 years, except that (i) a member appointed to fill a vacancy 33 occurring before the expiration of the term for which the 34 predecessor was appointed shall be appointed for the SB1117 Engrossed -15- LRB9102503DHmgB 1 remainder of that term and (ii) terms of the members 2 initially appointed after the effective date of this 3 amendatory Act of 1993 shall be as follows: 6 of the initial 4 members shall be appointed for terms of one year, 6 shall be 5 appointed for terms of 2 years, and 6 shall be appointed for 6 terms of 3 years. No member of the council may serve more 7 than 2 consecutive full terms. 8 Appointments to fill vacancies in unexpired terms and new 9 terms shall be filled by the Governor or by the Council if 10 the Governor delegates that power to the Council by executive 11 orderAny vacancy occurring in the membership of the Council12shall be filled in the same manner as the original13appointment. The vacancy shall not affect the power of the 14 remaining members to execute the powers and duties of the 15 Council. The Council shall have the duties enumerated in 16 subsections (c), (d), and (e) of Section 705 of the federal 17 Act. 18 Members shall be reimbursed for their actual expenses 19 incurred in the performance of their duties, including 20 expenses for travel, child care, and personal assistance 21 services, and a member who is not employed or who must 22 forfeit wages from other employment shall be paid reasonable 23 compensation for each day the member is engaged in performing 24 the duties of the Council. The reimbursement or compensation 25 shall be paid from moneys made available to the Department 26 under Part B of Title VII of the federal Act. 27 In addition to the powers and duties granted to advisory 28 boards by Section 8 of the Civil Administrative Code of 29 Illinois, the Council shall have the authority to appoint 30 jointly with the vocational rehabilitation administrator a 31 peer review committee to consider and make recommendations 32 for grants to eligible centers for independent living. 33 (e) Grants to centers for independent living. Each 34 center for independent living that receives assistance from SB1117 Engrossed -16- LRB9102503DHmgB 1 the Department under this Section shall comply with the 2 standards and provide and comply with the assurances that are 3 set forth in the State plan and consistent with Section 725 4 of the federal Act. Each center for independent living 5 receiving financial assistance from the Department shall 6 provide satisfactory assurances at the time and in the manner 7 the vocational rehabilitation administrator requires. 8 Beginning October 1, 1994, the vocational rehabilitation 9 administrator may award grants to any eligible center for 10 independent living that is receiving funds under Title VII of 11 the federal Act, unless the vocational rehabilitation 12 administrator makes a finding that the center for independent 13 living fails to comply with the standards and assurances set 14 forth in Section 725 of the federal Act. 15 If there is no center for independent living serving a 16 region of the State or the region is underserved, and the 17 State receives a federal increase in its allotment sufficient 18 to support one or more additional centers for independent 19 living in the State, the vocational rehabilitation 20 administrator may award a grant under this subsection to one 21 or more eligible agencies, consistent with the provisions of 22 the State plan setting forth the design of the State for 23 establishing a statewide network for centers for independent 24 living. 25 In selecting from among eligible agencies in awarding a 26 grant under this subsection for a new center for independent 27 living, the vocational rehabilitation administrator and the 28 chairperson of (or other individual designated by) the 29 Council acting on behalf of and at the direction of the 30 Council shall jointly appoint a peer review committee that 31 shall rank applications in accordance with the standards and 32 assurances set forth in Section 725 of the federal Act and 33 criteria jointly established by the vocational rehabilitation 34 administrator and the chairperson or designated individual. SB1117 Engrossed -17- LRB9102503DHmgB 1 The peer review committee shall consider the ability of the 2 applicant to operate a center for independent living and 3 shall recommend an applicant to receive a grant under this 4 subsection based on the following: 5 (1) Evidence of the need for a center for 6 independent living, consistent with the State plan. 7 (2) Any past performance of the applicant in 8 providing services comparable to independent living 9 services. 10 (3) The applicant's plan for complying with, or 11 demonstrated success in complying with, the standards and 12 assurances set forth in Section 725 of the federal Act. 13 (4) The quality of key personnel of the applicant 14 and the involvement of individuals with significant 15severedisabilities by the applicant. 16 (5) The budgets and cost effectiveness of the 17 applicant. 18 (6) The evaluation plan of the applicant. 19 (7) The ability of the applicant to carry out the 20 plan. 21 The vocational rehabilitation administrator shall award 22 the grant on the basis of the recommendation of the peer 23 review committee if the actions of the committee are 24 consistent with federal and State law. 25 (f) Evaluation and review. The vocational 26 rehabilitation administrator shall periodically review each 27 center for independent living that receives funds from the 28 Department under Title VII of the federal Act, or moneys 29 appropriated from the General Revenue Fund, to determine 30 whether the center is in compliance with the standards and 31 assurances set forth in Section 725 of the federal Act. If 32 the vocational rehabilitation administrator determines that 33 any center receiving those federal or State funds is not in 34 compliance with the standards and assurances set forth in SB1117 Engrossed -18- LRB9102503DHmgB 1 Section 725, the vocational rehabilitation administrator 2 shall immediately notify the center that it is out of 3 compliance. The vocational rehabilitation administrator 4 shall terminate all funds to that center 90 days after the 5 date of notification or, in the case of a center that 6 requests an appeal, the date of any final decision, unless 7 the center submits a plan to achieve compliance within 90 8 days and that plan is approved by the vocational 9 rehabilitation administrator or (if on appeal) by the 10 Commissioner. 11 (Source: P.A. 89-507, eff. 7-1-97; 90-14, eff. 7-1-97; 12 90-372, eff. 7-1-98; 90-453, eff. 8-16-97.) 13 Section 99. Effective date. This Act takes effect upon 14 becoming law.