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92_HB5579eng HB5579 Engrossed LRB9211873DJcsA 1 AN ACT in relation to health. 2 Be it enacted by the People of the State of Illinois, 3 represented in the General Assembly: 4 Section 1. Short title. This Act may be cited as the 5 Developmental Disabilities Services Act of 2002. 6 Section 5. Purpose. It is the purpose of this Act to 7 create an advisory committee to develop and implement a 8 disabilities services implementation plan as provided in 9 Section 20 to ensure compliance by the State of Illinois with 10 the Americans with Disabilities Act and the decision in 11 Olmstead v. L.C., 119 S.Ct. 2176 (1999). 12 Section 10. Application of Act; definitions. This Act 13 applies to persons with disabilities. The disabilities 14 included are defined for purposes of this Act as follows: 15 "Disability" means a disability as defined by the 16 Americans with Disabilities Act of 1990 that is attributable 17 to a developmental disability, a mental illness, or a 18 physical disability, or combination of those. 19 "Developmental disability" means a disability that is 20 attributable to mental retardation or a related condition. A 21 related condition must meet all of the following conditions: 22 (1) It must be attributable to cerebral palsy, 23 epilepsy, or autism, or any other condition (other than 24 mental illness) found to be closely related to mental 25 retardation because that condition results in impairment 26 of general intellectual functioning or adaptive behavior 27 similar to that of individuals with mental retardation, 28 and requires treatment or services similar to those 29 required for those individuals. 30 (2) It must be manifested before the individual HB5579 Engrossed -2- LRB9211873DJcsA 1 reaches age 22. 2 (3) It must be likely to continue indefinitely. 3 (4) It must result in substantial functional 4 limitations in 3 or more of the following areas of major 5 life activity: self-care, language, learning, mobility, 6 self-direction, and capacity for independent living. 7 "Mental Illness" means a mental or emotional disorder 8 verified by a diagnosis contained in the Diagnostic and 9 Statistical Manual of Mental Disorders-Fourth Edition, 10 published by the American Psychiatric Association (DSM-IV) or 11 International Classification of Diseases, 9th Revision, 12 Clinical Modification (ICD-9-CM) that substantially impairs a 13 person's cognitive, emotional, or behavioral functioning, or 14 any combination of those, excluding (i) conditions that may 15 be the focus of clinical attention but are not of sufficient 16 duration or severity to be categorized as a mental illness, 17 such as parent-child relational problems, partner-relational 18 problems, sexual abuse of a child, bereavement, academic 19 problems, phase-of-life problems, and occupational problems 20 (collectively, "V codes"), (ii) organic disorders such as 21 substance intoxication dementia, substance withdrawal 22 dementia, Alzheimer's disease, vascular dementia, dementia 23 due to HIV infection, and dementia due to Creutzfeld-Jakob 24 disease and disorders associated with known or unknown 25 physical conditions such as hallucinasis, amnestic disorders 26 and delirium, psychoactive substance-induced organic 27 disorders, and (iii) mental retardation or psychoactive 28 substance use disorders. 29 "Mental retardation" means significantly sub-average 30 general intellectual functioning existing concurrently with 31 deficits in adaptive behavior and manifested before the age 32 of 22 years. "Significantly sub-average" means an 33 intelligence quotient (IQ) of 70 or below on standardized 34 measures of intelligence. This upper limit could be extended HB5579 Engrossed -3- LRB9211873DJcsA 1 upward depending on the reliability of the intelligence test 2 used. 3 "Physical disability" means a disability as defined by 4 the Americans with Disabilities Act of 1990 that meets the 5 following criteria: 6 (1) It is attributable to a physical impairment. 7 (2) It results in a substantial functional 8 limitation in 3 or more of the following areas of major 9 life activity: (i) self-care, (ii) receptive and 10 expressive language, (iii) learning, (iv) mobility, (v) 11 self-direction, (vi) capacity for independent living, and 12 (vii) economic sufficiency. 13 (3) It reflects the person's need for a combination 14 and sequence of special, interdisciplinary, or general 15 care, treatment, or other services that are of lifelong 16 or of extended duration and must be individually planned 17 and coordinated. 18 "Department" means the Department on Aging, the 19 Department of Human Services, the Department of Public 20 Health, the Department of Public Aid, the University of 21 Illinois Division of Specialized Care for Children, the 22 Department of Children and Family Services, and the Illinois 23 State Board of Education, where appropriate, as designated in 24 the implementation plan developed under Section 20. 25 "Independent service coordination" means a social service 26 that enables persons with disabilities and their families to 27 locate, use, and coordinate resources and opportunities in 28 their communities on the basis of individual need. 29 Independent service coordination is independent of providers 30 of services and funding sources and is designed to ensure 31 accessibility, continuity of care, and accountability and to 32 maximize the potential of persons with disabilities for 33 independence, productivity, and integration into the 34 community. Independent service coordination includes, at a HB5579 Engrossed -4- LRB9211873DJcsA 1 minimum: (i) outreach to identify eligible individuals; (ii) 2 assessment and periodic reassessment to determine each 3 individual's strengths, functional limitations, and need for 4 specific services; (iii) participation in the development of 5 a comprehensive individual service or treatment plan; (iv) 6 referral to and linkage with needed services and supports; 7 (v) monitoring to ensure the delivery of appropriate services 8 and to determine individual progress in meeting goals and 9 objectives; and (vi) advocacy to assist the person in 10 obtaining all services for which he or she is eligible or 11 entitled. 12 "Chronological age-appropriate services" means services, 13 activities, and strategies for persons with disabilities that 14 are representative of the lifestyle activities of nondisabled 15 peers of similar age in the community. 16 "Comprehensive evaluation" means procedures used by 17 qualified professionals selectively with an individual to 18 determine whether a person has a disability and the nature 19 and extent of the services that the person with a disability 20 needs. 21 "Family" means a natural, adoptive, or foster parent or 22 parents or other person or persons responsible for the care 23 of an individual with a disability in a family setting. 24 "Family or individual support" means those resources and 25 services that are necessary to maintain an individual with a 26 disability within the family home or his or her own home. 27 These services may include, but are not limited to, cash 28 subsidy, respite care, and counseling services. 29 "Individual service or treatment plan" means a recorded 30 assessment of the needs of a person with a disability, a 31 description of the services recommended, the goals of each 32 type of element of service, an anticipated timetable for the 33 accomplishment of the goals, and a designation of the 34 qualified professionals responsible for the implementation of HB5579 Engrossed -5- LRB9211873DJcsA 1 the plan. 2 "Least restrictive environment" means an environment that 3 represents the least departure from the normal patterns of 4 living and that effectively meets the needs of the person 5 receiving the service. 6 Section 15. Services. In accordance with this Section 7 and the individual service or treatment plan based on a 8 comprehensive evaluation, persons with disabilities shall be 9 provided the following services under the Disabilities 10 Services Implementation Plan developed under Section 20: 11 (1) Comprehensive evaluation and diagnosis. A 12 person with a suspected disability who is applying for 13 Department-authorized disability services must receive a 14 comprehensive diagnosis and evaluation, including an 15 assessment of skills, abilities, and potential for 16 residential and work placement, adapted to his or her 17 primary language, cultural background, and ethnic origin. 18 All components of a comprehensive evaluation must be 19 administered by a qualified examiner. 20 (2) Individual service or treatment plan. A person 21 with a disability shall receive services in accordance 22 with a current individual service or treatment plan. A 23 person with a disability who is receiving services shall 24 be provided periodic reevaluation and review of the 25 individual service or treatment plan, at least annually, 26 in order to measure progress, to modify or change 27 objectives if necessary, and to provide guidance and 28 remediation techniques. 29 A person with a disability and his or her guardian 30 have the right to participate in the planning and 31 decision-making process regarding the person's individual 32 service or treatment plan and to be informed in writing, 33 or in that person's mode of communication, of progress at HB5579 Engrossed -6- LRB9211873DJcsA 1 reasonable time intervals. Each person must be given the 2 opportunity to make decisions and exercise options 3 regarding the plan, consistent with the person's 4 capabilities. Family members and other representatives of 5 the person with a disability must be allowed, encouraged, 6 and supported to participate as well, if the person with 7 a disability consents to that participation. 8 (3) Nondiscriminatory access to services. A person 9 with a disability may not be denied program services 10 because of sex, ethnic origin, marital status, ability to 11 pay (except where contrary to law), or criminal record. 12 Specific program eligibility requirements with regard to 13 disability, level of need, age, and other matters may be 14 established by the Department by rule. The Department 15 may set priorities for the provision of services and for 16 determining the need and eligibility for services in 17 accordance with available funding. 18 (4) Family or individual support. A person with a 19 disability must be provided family or individual support 20 services, or both, whenever possible and appropriate, to 21 prevent unnecessary out-of-home placement and to foster 22 independent living skills when authorized for such 23 services. 24 (5) Residential choices and options. A person with 25 a disability who requires residential placement in a 26 supervised or supported setting must be provided choices 27 among various residential options when authorized for 28 those services. The placement must be offered in the 29 most integrated setting appropriate. 30 (6) Education. A person with a disability has the 31 right to a free, appropriate public education as provided 32 in both State and federal law. Each local educational 33 agency must prepare persons with disabilities for adult 34 living. In anticipation of adulthood, each person with a HB5579 Engrossed -7- LRB9211873DJcsA 1 disability has the right to a transition plan developed 2 and ready for implementation before the person's exit by 3 no later than the school year in which the person reaches 4 age 14, consistent with the requirements of the federal 5 Individuals with Disabilities Education Act and Article 6 XIV of the School Code. 7 (7) Vocational training. A person with a 8 disability must be provided vocational training, when 9 appropriate, that contributes to the person's 10 independence and employment potential. This training 11 should include strategies and activities in programs that 12 lead to employment and reemployment in the most 13 integrated setting appropriate to the individual. 14 (8) Employment. A person with a disability has the 15 right to be employed free from discrimination, pursuant 16 to the Constitution and laws of this State. 17 (9) Independent service coordination. A person with 18 a disability who is receiving direct services from the 19 Department must be provided independent service 20 coordination when needed. 21 (10) Due process. A person with a disability 22 retains the rights of citizenship. Any person aggrieved 23 by a decision of a department regarding services 24 provided under this Act must be given an opportunity to 25 present complaints at a due process hearing before an 26 impartial hearing officer designated by the director of 27 that department. Any person aggrieved by a final 28 administrative decision rendered following the due 29 process hearing may seek judicial review of that decision 30 pursuant to the Administrative Review Law. The term 31 "administrative decision" is defined as in Section 3-101 32 of the Code of Civil Procedure. Prevailing attorney's 33 fees and costs may be awarded to the successful plaintiff 34 in any formal administrative or judicial action under HB5579 Engrossed -8- LRB9211873DJcsA 1 this Act. 2 The right to a hearing under this item (10) is in 3 addition to any other rights under federal, State, or 4 local laws. 5 Section 20. Implementation. 6 (a) The Governor, with the assistance of the Secretary 7 of Human Services, shall appoint an advisory committee to 8 develop a Disabilities Services Implementation Plan that will 9 ensure compliance by the State of Illinois with the Americans 10 with Disabilities Act and the decision in Olmstead v. L.C., 11 119 S.Ct. 2176 (1999). The advisory committee shall be 12 composed of persons with disabilities, family 13 representatives, and individuals who represent each principal 14 State agency, local government agencies, and nongovernmental 15 organizations concerned with services for persons with 16 disabilities. 17 (b) The implementation plan must include, but need not 18 be limited to, the following: 19 (1) Establishing procedures for completing 20 comprehensive evaluations, including provisions for 21 Department review and approval of need determinations. 22 The Department may utilize independent evaluators and 23 targeted or sample reviews during this review and 24 approval process, as it deems appropriate. 25 (2) Establishing procedures for the development of 26 an individual service or treatment plan for each person 27 with a disability, including provisions for Department 28 review and authorization. 29 (3) Identifying core services to be provided by 30 agencies of the State of Illinois or other agencies. 31 (4) Establishing minimum standards for 32 individualized services. 33 (5) Establishing minimum standards for residential HB5579 Engrossed -9- LRB9211873DJcsA 1 services in the least restrictive environment. 2 (6) Establishing minimum standards for vocational 3 services. 4 (7) Establishing due process hearing procedures. 5 (8) Establishing minimum standards for family 6 support services. 7 (9) Securing financial resources necessary to 8 fulfill the purposes and requirements of this Act, 9 including but not limited to obtaining approval and 10 implementing waivers or demonstrations authorized under 11 federal law. 12 (c) The Governor, with the assistance of the Secretary 13 of Human Services, is responsible for the completion of the 14 implementation plan. The Governor must submit a report to the 15 General Assembly by July 1, 2003, which must include the 16 following: 17 (1) The implementation plan. 18 (2) A description of current and planned programs 19 and services necessary to meet the requirements of the 20 individual service or treatment plans required by this 21 Act, together with the actions to be taken by the State 22 of Illinois to ensure that those plans will be 23 implemented. This description shall include a report of 24 related program and service improvements or expansions 25 implemented by the Department since the effective date of 26 this Act. 27 (3) The estimated costs of current and planned 28 programs and services to be provided under the 29 implementation plan. 30 (4) A report on the number of persons with 31 disabilities who may be eligible to receive services 32 under this Act, together with a report on the number of 33 persons who are currently receiving those services. 34 (5) Any proposed changes in State policies, laws, HB5579 Engrossed -10- LRB9211873DJcsA 1 or regulations necessary to fulfill the purposes and 2 requirements of this Act. 3 (d) The Governor, with the assistance of the Secretary 4 of Human Services, shall annually update the implementation 5 plan and report changes to the General Assembly by July 1 of 6 each year. Initial implementation of the plan is required by 7 July 1, 2004. The requirement of annual updates and reports 8 expires in 2008, unless otherwise extended by the General 9 Assembly. 10 Section 25. Appropriations. Services shall be provided 11 under this Act to the extent that appropriations are made 12 available by the General Assembly for the programs and 13 services indicated in the implementation plan. 14 (405 ILCS 80/1-1 rep.) 15 (405 ILCS 80/1-2 rep.) 16 (405 ILCS 80/1-3 rep.) 17 (405 ILCS 80/1-4 rep.) 18 (405 ILCS 80/1-5 rep.) 19 Section 90. The Developmental Disability and Mental 20 Disability Services Act is amended by repealing Sections 1-1, 21 1-2, 1-3, 1-4, and 1-5 (the Developmental Disabilities 22 Services Law). 23 Section 99. Effective date. This Act takes effect upon 24 becoming law.