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Public Act 098-1000
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| HB5697 Enrolled | LRB098 20246 KTG 55668 b |
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AN ACT concerning public aid.
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Be it enacted by the People of the State of Illinois,
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represented in the General Assembly:
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Section 5. The Department of Human Services Act is amended |
by changing Section 10-26 as follows:
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(20 ILCS 1305/10-26)
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Sec. 10-26. Disability database.
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(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,
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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
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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 |
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disabilities. The database
shall be
operational by July 1, |
2004. The information collected and maintained for the
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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
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submitted for inclusion in the database and
the
types of |
services sought by the individual; and (v) the representative
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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.
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(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.
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(c) The Department, consistent with applicable federal and |
State law, shall
make general information from the disability
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database available to the public such as: (i) the number of |
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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
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confidentiality of each individual in the database when |
releasing database
information by
not disclosing any |
personally identifying information.
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(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 |
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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. 95-251, eff. 8-17-07.)
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Section 10. The Illinois Public Aid Code is amended by |
adding Section 12-4.47 as follows:
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(305 ILCS 5/12-4.47 new) |
Sec. 12-4.47. Continued eligibility for developmental |
disability services for dependents of military service |
members. |
(a) As used in this Section: |
"Dependent" means a spouse, birth child, adopted child, or
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stepchild of a military service member. |
"Legal resident" means a person who maintains Illinois as |
his
or her principal establishment, home of record, or |
permanent home and
to where, whenever absent due to military |
obligation, he or she intends
to return. |
"Military service" means service in the armed forces or |
armed
forces reserves of the United States, or membership in |
the Illinois National Guard. |
"Military service member" means a person who is currently |
in military service or who
has separated from military service |
in the previous 18 months through
either retirement or military |
separation. |
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(b) A dependent, who is a legal resident of the State, |
having
previously been determined to be eligible for |
developmental disability
services provided by the Department |
of Human Services, including waiver services provided under the |
home and community based services programs authorized under |
Section 1915(c) of the Social Security Act, shall retain |
eligibility for those developmental disability services as |
long as he
or she remains a legal resident of the State, |
regardless of having left the State due to the military service |
member's military assignment
outside the State, and as long as |
he or she is otherwise eligible for such services. |
(c) The Department of Human Services shall permit a |
dependent who resides out-of-state to be placed on the waiting |
list for developmental disabilities services if the dependent |
left the State due to the military service member's military |
assignment outside the State, is otherwise eligible for those |
services, and furnishes the following: |
(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. |
(d) For dependents who received developmental disability |
services
and who left the State due to the military service |
member's military
assignment outside the State, upon the |
dependent's return to the State and when a request for services |
is made, the Department shall: |
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(1) determine the dependent's eligibility for |
services, which may include a request
for waiver services |
provided under the home and community based services |
programs authorized under Section 1915(c) of the Social |
Security Act; |
(2) provide to the dependent notification of the |
determination of eligibility for services,
which includes |
notification of a denial of services if applicable; |
(3) provide the dependent an opportunity to contest the |
Department's determination through the appeals processes |
established
by the Department; and |
(4) resume services if the individual remains |
eligible. |
(e) As a condition of continued eligibility for services |
under subsection (b) of this Section,
a dependent must inform |
the Department of his or her
current address and provide |
updates as requested by the Department. |
(f) No payment pursuant to this Section shall be made for |
developmental disability services authorized under the |
Illinois Title XIX State Plan and provided outside the State |
unless those services satisfy the conditions specified in 42 |
CFR 431.52. No payment pursuant to this Section shall be made |
for home and community based services provided outside the |
State of Illinois. |
(g) The Department shall request a waiver from the |
appropriate
federal agency if a waiver is necessary to |