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1    AN ACT concerning regulation.
2    Be it enacted by the People of the State of Illinois,
3represented in the General Assembly:
4    Section 5. The Developmental Disability and Mental
5Disability Services Act is amended by adding Article VII-A as
7    (405 ILCS 80/Art. VII-A heading new)

9    (405 ILCS 80/7A-1 new)
10    Sec. 7A-1. Diversion from Facility-based Care Pilot
12    (a) The purposes of this Article are to:
13        (1) decrease the number of admissions to
14    State-operated facilities;
15        (2) address the needs of individuals receiving Home and
16    Community Based Services (HCBS) with intellectual
17    disabilities or developmental disabilities who are at risk
18    of facility-based care due to significant behavioral
19    challenges, some with a dual diagnosis of mental illness,
20    by providing a community-based residential alternative to
21    facility-based care consistent with their individual
22    plans, and to transition these individuals back to a



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1    traditional community-integrated living arrangement or
2    other HCBS community setting program;
3        (3) create greater capacity within the short-term
4    stabilization homes by allowing individuals who need an
5    extended period of treatment to transfer to a long-term
6    stabilization home;
7        (4) stabilize the existing community-integrated living
8    arrangement homes where the presence of individuals with
9    complex behavioral challenges is disruptive to their
10    housemates; and
11        (5) add support services to enhance community service
12    providers who serve individuals with significant
13    behavioral challenges.
14    (b) Subject to appropriation or the availability of other
15funds for these purposes at the discretion of the Department,
16the Department shall establish the Diversion from
17Facility-based Care Pilot Program consisting of at least 6
18homes in various locations in this State in accordance with
19this Article and the following model:
20        (1) the Diversion from Facility-based Care Model shall
21    serve individuals with intellectual disabilities or
22    developmental disabilities who are currently receiving
23    HCBS services and are at risk of facility-based care due to
24    significant behavioral challenges, some with a dual
25    diagnosis of mental illness, for a period ranging from one
26    to 2 years, or longer if appropriate for the individual;



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1        (2) the Program shall be regulated in accordance with
2    the community-integrated living arrangement guidelines;
3        (3) each home shall support no more than 4 residents,
4    each having his or her own bedroom;
5        (4) if, at any point, an individual, his or her
6    guardian, or family caregivers, in conjunction with the
7    provider and clinical staff, believe the individual is
8    capable of participating in a HCBS service, those
9    opportunities shall be offered as they become available;
10    and
11        (5) providers shall have adequate resources,
12    experience, and qualifications to serve the population
13    target by the Program, as determined by the Department;
14        (6) participating Program providers and the Department
15    shall participate in an ongoing collaborative whereby best
16    practices and treatment experiences would be shared and
17    utilized;
18        (7) home locations shall be proposed by the provider in
19    collaboration with other community stakeholders;
20        (8) The Department, in collaboration with
21    participating providers, by rule shall develop data
22    collection and reporting requirements for participating
23    community service providers. Beginning December 31, 2020
24    the Department shall submit an annual report
25    electronically to the General Assembly and Governor that
26    outlines the progress and effectiveness of the pilot



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1    program. The report to the General Assembly shall be filed
2    with the Clerk of the House of Representatives and the
3    Secretary of the Senate in electronic form only, in the
4    manner that the Clerk and the Secretary shall direct;
5        (9) the staffing model shall allow for a high level of
6    community integration and engagement and family
7    involvement; and
8        (10) appropriate day services, staff training
9    priorities, and home modifications shall be incorporated
10    into the Program model, as allowed by HCBS authorization.
11    (c) This Section is repealed on January 1, 2023.
12    Section 99. Effective date. This Act takes effect July 1,