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92_HB3216ham001 LRB9208137DJmgam02 1 AMENDMENT TO HOUSE BILL 3216 2 AMENDMENT NO. . Amend House Bill 3216 by replacing 3 the title with the following: 4 "AN ACT in relation to mental health."; and 5 by replacing everything after the enacting clause with the 6 following: 7 "Section 5. The Community Mental Health Act is amended 8 by adding Sections 8.100, 8.102, 8.105, 8.110, 8.115, 8.120, 9 8.125, 8.130, 8.135, 8.140, 8.145, 8.150, 8.155, 8.160, 10 8.165, 8.170, and 8.175 as follows: 11 (405 ILCS 20/8.100 new) 12 Sec. 8.100. Purpose. It is the purpose of this Act to 13 prevent or avoid institutionalization of individuals with 14 mental illness or a co-occurring disorder of mental illness 15 and substance abuse. The Department of Human Services shall 16 implement, coordinate, monitor, and evaluate the CHOICES 17 program, as described in this Section and the following 18 Sections preceding Section 9, in cooperation with all 19 governmental and private resources, organizations, and 20 stakeholders. Programs shall address the needs of qualified 21 individuals, both children and adults. The CHOICES program -2- LRB9208137DJmgam02 1 will provide cost effective, community residential 2 environments and supports to enable individuals with a mental 3 illness or a mental illness and substance abuse co-occurring 4 disorder to live successfully in the community. 5 (405 ILCS 20/8.102 new) 6 Sec. 8.102. Definitions. In Section 8.100 and the 7 subsequent Sections preceding Section 9 of this Act: 8 "Individual with a disability" means any of the 9 following: 10 (1) An individual, whether a child or an adult, who 11 has a physical or mental impairment that substantially 12 limits one or more of the individual's major life 13 activities. 14 (2) An individual, whether a child or an adult, who 15 has a record of a physical or mental impairment that 16 substantially limited one or more of the individual's 17 major life activities. 18 (3) An individual, whether a child or an adult, who 19 is regarded as having a physical or mental impairment, 20 whether the individual has the impairment or not. 21 "Mental impairment" means a mental or psychological 22 disorder or emotional or mental illness. 23 "Physical impairment" means drug addiction or alcoholism, 24 or both. 25 "Stakeholder" means an advocacy organization or service 26 provider whose mission includes advocacy for or provision of 27 quality services to individuals with a disability of mental 28 illness or a co-occurring disorder of mental illness and 29 substance abuse. 30 (405 ILCS 20/8.105 new) 31 Sec. 8.105. Implementation of program. The Department of 32 Human Services is directed to implement the CHOICES program. -3- LRB9208137DJmgam02 1 The Department of Public Aid, the Department on Aging, the 2 Department of Children and Family Services, the Department of 3 Public Health, the Bureau of the Budget, and other State 4 agencies as appropriate shall cooperate fully with the 5 Department of Human Services in fulfilling the requirements 6 of Section 8.100 and the subsequent Sections preceding 7 Section 9. 8 (405 ILCS 20/8.110 new) 9 Sec. 8.110. Community services. In order to prevent or 10 avoid institutionalization of individuals with a disability, 11 the Department of Human Services shall implement, coordinate, 12 monitor, and evaluate community services for individuals with 13 disabilities in Illinois in cooperation with all governmental 14 and private resources, organizations, and stakeholders. 15 Programs shall address the needs of qualified individuals, 16 both children and adults, with disabilities, in the following 17 disability areas: 18 (1) Mental illness. 19 (2) Mental illness and substance abuse. 20 (405 ILCS 20/8.115 new) 21 Sec. 8.115. Implementation; program components. 22 (a) Subject to appropriations, the Department of Human 23 Services shall implement the CHOICES program for individuals 24 with a mental illness or co-occurring disability of mental 25 illness and substance abuse. The CHOICES program shall 26 consist of a program for 1,000 individuals with a disability, 27 designed to provide a system of services and supports for 28 those qualified individuals with a disability to live in the 29 most integrated community-based integrated setting. The 30 Department shall begin implementation of the program by 31 January 1, 2002, and shall implement the program statewide 32 within 4 years after the effective date of this amendatory -4- LRB9208137DJmgam02 1 Act of the 92nd General Assembly. The Department shall 2 adopt rules for the selection of the initial program 3 participants. 4 (b) From existing funds and funds appropriated by the 5 General Assembly, the Department of Human Services shall do 6 the following: 7 (1) Develop a comprehensive plan to develop and 8 maintain a statewide system of community-based services 9 that reflect the choices and needs of individuals with 10 mental illness or a co-occurring disorder of mental 11 illness and substance abuse and their families in 12 Illinois, to prevent or avoid unnecessary 13 institutionalization. 14 (2) Carry out all functions and duties required by 15 law through collaboration with individuals with mental 16 illness or a co-occurring disorder of mental illness and 17 substance abuse, their families and guardians, community 18 organizations, and providers throughout the State. 19 (3) Facilitate or provide technical assistance to 20 community service providers in planning, developing, and 21 implementing services and supports for individuals with 22 mental illness or a co-occurring disorder of mental 23 illness and substance abuse and their families. 24 (4) Consider the needs in the field of mental 25 illness or mental illness and substance abuse and make 26 recommendations to the General Assembly and the Governor 27 for changes in the law. From funds appropriated by the 28 General Assembly to the Department of Human Services for 29 that purpose, the Secretary of the Department of Human 30 Services shall establish initiatives including, but not 31 limited to, the CHOICES program as described in Section 32 8.100 and the subsequent Sections preceding Section 9 of 33 this Act, to prevent and correct inappropriate 34 institutionalization to ensure that individuals needing -5- LRB9208137DJmgam02 1 mental health services or mental health and substance 2 abuse services are served in the most integrated setting. 3 (c) The CHOICES program's components shall include the 4 following: 5 (1) Policies to avoid inappropriate placement of an 6 individual in an institution, including general acute 7 care hospitals, hospitals with distinct parts for 8 psychiatric care, freestanding public or private 9 psychiatric hospitals, residential treatment facilities, 10 and nursing facilities. 11 (2) Institutional pre-admission screening and 12 mandated follow up. 13 (3) A cost-benefit analysis concerning placement of 14 the person in the community. 15 (405 ILCS 20/8.120 new) 16 Sec. 8.120. CHOICES program features. The CHOICES 17 program shall include the following features: 18 (1) It shall require 1,000 additional 19 community-based integrated residential settings with 20 appropriate community supports. 21 (2) It shall create programs to train institutional 22 discharge staff treating individuals with disabilities 23 training on community-based alternatives. 24 (3) It shall require a process to inform a person 25 of all available options for his or her care before that 26 person makes a decision on his or her placement. 27 (4) It shall offer, before placement, the 28 assistance of a planning specialist who will assist the 29 person in making the move from an institution to a 30 community setting. 31 (5) It shall fund outreach activities to identify 32 persons in institutions who may wish to move. The 33 Department of Human Services shall establish the -6- LRB9208137DJmgam02 1 qualifications of persons and or organizations who 2 perform the outreach for community-based organizations 3 funded through the program. The guardian of the person, 4 if any, must be involved with the outreach process and 5 the resident. 6 (405 ILCS 20/8.125 new) 7 Sec. 8.125. Provision of services. In accordance with an 8 individual program plan or an individual treatment plan, or 9 both, based on a comprehensive evaluation, individuals with a 10 disability may be provided the services described in the 11 Sections following this Section. 12 (405 ILCS 20/8.130 new) 13 Sec. 8.130. Comprehensive evaluation and diagnosis. An 14 individual with a disability who is applying for services is 15 entitled to receive a comprehensive evaluation and diagnosis, 16 including an assessment of skills, abilities, and potential 17 for residential and work placement, adapted to his or her 18 primary language, cultural background, and ethnic origin. 19 All components of a comprehensive evaluation must be 20 administered by a qualified examiner. 21 (405 ILCS 20/8.135 new) 22 Sec. 8.135. Individual program plan. An individual with a 23 disability is entitled to receive services in accordance with 24 a current individual program plan or an individual treatment 25 plan, or both. An individual with a disability who is 26 receiving services shall be provided periodic reevaluation 27 and review of the individual program plan or individual 28 treatment plan, or both, at least twice each year, in order 29 to measure progress, to modify or change objectives if 30 necessary, and to provide guidance and remediation 31 techniques. An individual with a disability and his or her -7- LRB9208137DJmgam02 1 representatives have the right (i) to participate in the 2 planning and decision-making process regarding the 3 individual's program plan and (ii) to be informed in writing, 4 or in that individual's mode of communication, of progress at 5 reasonable time intervals. Each individual must be given he 6 opportunity to make decisions and exercise options regarding 7 the plan, consistent with the individual's capabilities. 8 (405 ILCS 20/8.140 new) 9 Sec. 8.140. Nondiscriminatory access to services. An 10 individual with a disability may not be denied program 11 services because of age, sex, ethnic origin, marital status, 12 ability to pay (except when contrary to law), criminal 13 record, degree of disability, or illness. 14 (405 ILCS 20/8.145 new) 15 Sec. 8.145. Family or individual support. An individual 16 with a disability must be provided family or individual 17 support services, or both, to prevent unnecessary out-of-home 18 placement and to foster independent living skills. 19 (405 ILCS 20/8.150 new) 20 Sec. 8.150. Residential choices and options. An 21 individual with a disability who requires residential 22 placement in a supervised or supported setting must be 23 provided choices among various residential options. The 24 placement must be offered in the most integrated community 25 setting possible. 26 (405 ILCS 20/8.155 new) 27 Sec. 8.155. Vocational training. An individual with a 28 disability must be provided vocational training, when 29 appropriate, that contributes to the individual's 30 independence and employment potential. This training must -8- LRB9208137DJmgam02 1 include strategies and activities in programs that lead to 2 employment and reemployment. 3 (405 ILCS 20/8.160 new) 4 Sec. 8.160. Employment. An individual with a disability 5 has the right to be employed free from discrimination, 6 pursuant to the Constitution and laws of this State. 7 (405 ILCS 20/8.165 new) 8 Sec. 8.165. Case coordination services. An individual 9 with a disability must be provided case coordination 10 services, as appropriate. 11 (405 ILCS 20/8.170 new) 12 Sec. 8.170. Due process; judicial review. 13 (a) An individual with a disability retains the rights 14 of citizenship. Any individual aggrieved by a decision of a 15 department of State government regarding services provided 16 under this Act must be given an opportunity to present 17 complaints at a due process hearing before a hearing officer 18 designated by the director of that department. 19 (b) Any individual aggrieved by a final administrative 20 decision rendered following the due-process hearing may seek 21 judicial review of that decision pursuant to the 22 Administrative Review Law. The term "administrative decision" 23 is defined as in Section 3-101 of the Code of Civil 24 Procedure. Reasonable attorney's fees and costs may be 25 awarded to the successful plaintiff in any formal 26 administrative or judicial action under this Act. 27 (c) The right to a hearing under this Section is in 28 addition to any other rights under federal, State, or local 29 laws. 30 (405 ILCS 20/8.175 new) -9- LRB9208137DJmgam02 1 Sec. 8.175. Transitional living assistance. The 2 Department of Human Services shall lead a coordinated effort 3 with the Department of Commerce and Community Affairs to 4 further develop housing assistance programs to promote the 5 ability of individuals to move from institutions to the most 6 integrated community residence. The program shall address 7 eligibility criteria, the period a person may receive 8 assistance, the types of housing expenses to be covered, and 9 the locations of the programs. The Department of Human 10 Services shall administer the program and may seek the advice 11 of the Department of Commerce and Community Affairs for this 12 purpose. 13 Section 99. Effective date. This Act takes effect upon 14 becoming law.".
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