Public Act 101-0284
 
HB3483 EnrolledLRB101 07274 KTG 52313 b


  
    AN ACT concerning State government.
  
 
    Be it enacted by the People of the State of Illinois,
 
represented in the General Assembly:
  


 
    Section 5. The Department of Human Services Act is amended  
by changing Section 10-26 as follows:
 



    (20 ILCS 1305/10-26)



    Sec. 10-26. The PUNS database Disability database. 

    (a) The Department of Human Services shall compile and 
maintain a database of Illinois residents with an intellectual 
disability or a developmental disability, including an autism 
spectrum disorder, and Illinois residents with an intellectual 
disability or a developmental disability who are also diagnosed 
with a physical disability or mental illness and are in need of 
developmental disability services funded by the Department. 
The database shall be referred to as the Prioritization of 
Urgency of Need
for Services (PUNS) and shall include, but not 
be limited to, children and youth, individuals transitioning 
from special education to post-secondary activities, 
individuals living at home or in the community, individuals in 
private nursing and residential facilities, and individuals in 
intermediate care facilities for persons with developmental 
disabilities.  Individuals who are receiving  services under any 
home and community-based services waiver program authorized 
under Section 1915(c) of the Social Security Act may remain on 
the PUNS database until they are offered services through a 
PUNS selection or demonstrate the need for and are awarded 
alternative services. 
    (b) The PUNS database shall be used to foster a fair and 
orderly process for processing applications for developmental 
disabilities services funded by the Department, verifying 
information, keeping individuals and families who have applied 
for services informed of available services and anticipated 
wait times, determining unmet need, and informing the General 
Assembly and the Governor of unmet need statewide and within 
each representative district. 
    (c) Independent service coordination agencies shall be the 
points of entry for individuals and families applying for 
developmental disability services funded by the Department.  
The information collected and maintained for PUNS shall 
include, but is not limited to, the following: (i) the types of 
services of which the individual is potentially in need; (ii) 
demographic and identifying information about the individual; 
(iii) factors indicating need, including diagnoses, assessment 
information, ages of primary caregivers, and current living 
situation; (iv) the  date information about the  individual is 
submitted for inclusion in PUNS, and the types of services 
sought by the  individual; and (v) the representative district 
in which the individual resides.  In collecting and maintaining 
information under this Section, the  Department shall give 
consideration to cost-effective  appropriate services for 
individuals. 
    (d) The Department shall respond to inquiries about 
anticipated PUNS selection dates and make available a 
Department e-mail address for such inquiries.  Subject to 
appropriation, the Department shall offer a web-based 
verification and information-update application. The 
Department shall make all reasonable efforts to contact 
individuals on the PUNS database at least 2 times each year and 
provide information about the PUNS process, information 
regarding services that may be available to them prior to the 
time they are selected from PUNS, and advice on preparing for 
and seeking developmental disability services. At least one of 
the contacts must be from an independent service coordination 
agency. The Department may contact individuals on the PUNS 
database through a newsletter prepared by the Division of 
Developmental Disabilities. The Department shall provide 
information about PUNS to the general public on its website. 
    (e) This amendatory Act of the 101st General Assembly does 
not create any new entitlement to a service, program, or 
benefit but shall not affect any entitlement to a service, 
program, or benefit created by any other law. Except for a 
service, program, or benefit that is an entitlement, a service, 
program, or benefit provided as a result of the collection and 
maintenance of PUNS shall be subject to appropriations made by 
the General Assembly. 
    (f) The Department, consistent with applicable federal and 
State law, shall make general information about PUNS available 
to the public such as: (i) the number of individuals 
potentially in need of each type of service, program, or 
benefit; and (ii) the general characteristics of those 
individuals. The Department shall protect the confidentiality 
of each individual in PUNS when releasing database information 
by not disclosing any personally identifying information. 
    (g) The Department shall allow an individual who is: 
        (1) a legal resident;
        (2) a dependent of a military service member; and
        (3) absent from the State due to the member's military 
    service; 
to be added to PUNS to indicate the need for services upon 
return to the State. If the individual is selected from PUNS to 
receive services, the individual shall have 6 months from the 
date of the selection notification to apply for services and 
another 6 months to commence using the services. If an 
individual is receiving services funded by the Department and 
the services are disrupted due to the military service member's 
need for the individual to leave the State because of the 
member's military service, the services shall be resumed upon 
the individual's return to the State if the individual is 
otherwise eligible. No payment made in accordance with this 
Section or Section 12-4.47 of the Illinois Public Aid Code 
shall be made for home and community based services provided 
outside the State of Illinois. The individual is required to 
provide the following to the Department: 
        (i) a copy of the military service member's DD-214 or 
    other equivalent discharge paperwork; and
        (ii) proof of the military service member's legal 
    residence in the State, as prescribed by the Department. 
    (a) The Department of Human Services shall compile and 
maintain a
cross-disability database of Illinois residents 
with a disability who are
potentially
in need of disability 
services funded by the Department. The database shall
consist 
of individuals with mental illness, physical disabilities,

developmental
disabilities, and autism spectrum disorders and 
shall include, but not be limited to, individuals
transitioning 
from
special education to adulthood, individuals in 
State-operated facilities, individuals
in private nursing and 
residential facilities, and individuals in community

integrated living arrangements. Within 30 days after the 
effective date of this
amendatory Act of the 93rd General 
Assembly, the Secretary of Human Services
shall seek input from 
advisory bodies to the Department, including advisory
councils 
and committees working with the Department in the areas of 
mental
illness, physical disabilities, and developmental 
disabilities. The database
shall be
operational by July 1, 
2004. The information collected and maintained for the

disability database shall include, but is not limited to, the 
following: (i)
the types of
services of which the individual is 
potentially in need; (ii) demographic and
identifying 
information about the individual; (iii) factors indicating 
need,
including
diagnoses, assessment information, age of 
primary caregivers, and current
living
situation; (iv) if 
applicable, the date information about the individual is

submitted for inclusion in the database and
the
types of 
services sought by the individual; and (v) the representative

district
in which the individual resides. In collecting and 
maintaining information
under
this Section, the Department 
shall give consideration to cost-effective
appropriate 
services for individuals.

    (b) This amendatory Act of the 93rd General Assembly does 
not create
any new entitlement to a service, program, or 
benefit, but shall not affect any
entitlement to a service, 
program, or benefit created by any other law. Except
for
a 
service, program, or benefit that is an entitlement, a service, 
program, or
benefit provided as a result of the collection and 
maintenance of the
disability
database shall be subject to 
appropriations made by the General Assembly.

    (c) The Department, consistent with applicable federal and 
State law, shall
make general information from the disability

database available to the public such as: (i) the number of 
individuals
potentially
in need of each type of service, 
program, or benefit and (ii) the general
characteristics of 
those individuals.  The Department shall protect the

confidentiality of each individual in the database when 
releasing database
information by
not disclosing any 
personally identifying information.

    (d) The Department shall allow legal residents who are 
dependents of a military service member and who are absent from 
the State due to the member's military service to be added to 
the database to indicate the need for services upon return to 
the State.  Should an individual in such a situation be selected 
from the database to receive services, the individual shall 
have 6 months from the date of the selection notification to 
apply for services and another 6 months to commence using such 
services.  In the event an individual is receiving services 
funded by the Department and the services are disrupted due to 
the military service member's need for the individual to leave 
the State because of his or her military service, the services 
shall be resumed upon the individual's return to the State if 
the dependent is otherwise eligible. No payment pursuant to 
this Section or Section 12-4.47 of the Illinois Public Aid Code 
shall be made for home and community based services provided 
outside the State of Illinois.  A dependent of a military 
service member shall be required to provide the Department 
with: 
        (1) a copy of the military service member's DD-214 or 
    other equivalent discharge paperwork; and 
        (2) proof of the military service member's legal 
    residence in the State, as prescribed by the Department. 
(Source: P.A. 98-1000, eff. 8-18-14.)


 
    Section 99. Effective date. This Act takes effect upon 
becoming law.