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Public Act 101-0284


 

Public Act 0284 101ST GENERAL ASSEMBLY

  
  
  

 


 
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.

Effective Date: 8/9/2019