Public Act 094-0498
 
HB1345 Enrolled LRB094 03621 DRJ 33626 b

    AN ACT in relation to health.
 
    Be it enacted by the People of the State of Illinois,
represented in the General Assembly:
 
    Section 5. The Community Services Act is amended by adding
Sections 4.4 and 4.5 as follows:
 
    (405 ILCS 30/4.4 new)
    Sec. 4.4. Funding reinvestment.
    (a) The purposes of this Section are as follows:
        (1) The General Assembly recognizes that the United
    States Supreme Court in Olmstead v. L.C. ex Rel. Zimring,
    119 S. Ct. 2176 (1999), affirmed that the unjustifiable
    institutionalization of a person with a disability who
    could live in the community with proper support, and wishes
    to do so, is unlawful discrimination in violation of the
    Americans with Disabilities Act (ADA). The State of
    Illinois, along with all other states, is required to
    provide appropriate residential and community-based
    support services to persons with disabilities who wish to
    live in a less restrictive setting.
        (2) It is the purpose of this Section to help fulfill
    the State's obligations under the Olmstead decision by
    maximizing the level of funds for both developmental
    disability and mental health services and supports in order
    to maintain and create an array of residential and
    supportive services for people with mental health needs and
    developmental disabilities whenever they are transferred
    into another facility or a community-based setting.
    (b) In this Section:
    "Office of Developmental Disabilities" means the Office of
Developmental Disabilities within the Department of Human
Services.
    "Office of Mental Health" means the Office of Mental Health
within the Department of Human Services.
    (c) On and after the effective date of this amendatory Act
of the 94th General Assembly, every appropriation of State
moneys relating to funding for the Office of Developmental
Disabilities or the Office of Mental Health must comply with
this Section.
    (d) Whenever any appropriation, or any portion of an
appropriation, for any fiscal year relating to the funding of
any State-operated facility operated by the Office of
Developmental Disabilities or any mental health facility
operated by the Office of Mental Health is reduced because of
any of the reasons set forth in the following items (1) through
(3), to the extent that savings are realized from these items,
those moneys must be directed toward providing other services
and supports for persons with developmental disabilities or
mental health needs:
        (1) The closing of any such State-operated facility for
    the developmentally disabled or mental health facility.
        (2) Reduction in the number of units or available beds
    in any such State-operated facility for the
    developmentally disabled or mental health facility.
        (3) Reduction in the number of staff employed in any
    such State-operated facility for the developmentally
    disabled or mental health facility.
    In determining whether any savings are realized from items
(1) through (3), sufficient moneys shall be made available to
ensure that there is an appropriate level of staffing and that
life, safety, and care concerns are addressed so as to provide
for the remaining persons with developmental disabilities or
mental illness at any facility in the case of item (2) or (3)
or, in the case of item (1), such remaining persons at the
remaining State-operated facilities that will be expected to
handle the individuals previously served at the closed
facility.
    (e) The purposes of redirecting this funding shall include,
but not be limited to, providing the following services and
supports for individuals with developmental disabilities and
mental health needs:
        (1) Residence in the most integrated setting possible,
    whether independent living in a private residence, a
    Community Integrated Living Arrangement (CILA), a
    supported residential program, an Intermediate Care
    Facility for persons with Developmental Disabilities
    (ICFDD), a supervised residential program, or supportive
    housing, as appropriate.
        (2) Residence in another State-operated facility.
        (3) Rehabilitation and support services, including
    assertive community treatment, case management, supportive
    and supervised day treatment, and psychosocial
    rehabilitation.
        (4) Vocational or developmental training, as
    appropriate, that contributes to the person's independence
    and employment potential.
        (5) Employment or supported employment, as
    appropriate, free from discrimination pursuant to the
    Constitution and laws of this State.
        (6) In-home family supports, such as respite services
    and client and family supports.
        (7) Periodic reevaluation, as needed.
    (f) An appropriation may not circumvent the purposes of
this Section by transferring moneys within the funding system
for services and supports for the developmentally disabled and
mentally ill and then compensating for this transfer by
redirecting other moneys away from these services to provide
funding for some other governmental purpose or to relieve other
State funding expenditures.
 
    (405 ILCS 30/4.5 new)
    Sec. 4.5. Consultation with advisory and advocacy groups.
Whenever any appropriation, or any part of an appropriation,
for any fiscal year relating to the funding of (i) a
State-operated facility operated by the Office of
Developmental Disabilities within the Department of Human
Services or (ii) a mental health facility operated by the
Office of Mental Health within the Department of Human Services
is reduced because of any of the reasons set forth in items (1)
through (3) of subsection (d) of Section 4.4, the plan for
using any savings realized from those items (1) through (3)
shall be shared and discussed with advocates, advocacy
organizations, and advisory groups whose mission includes
advocacy for persons with developmental disabilities or
persons with mental illness.
 
    Section 99. Effective date. This Act takes effect upon
becoming law.

Effective Date: 8/8/2005