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Public Act 093-0638


 

Public Act 93-0638 of the 93rd General Assembly


Public Act 93-0638

HB0684 Re-Enrolled                   LRB093 05504 MKM 05595 b

    AN ACT concerning disabled persons.

    Be it enacted by the People of  the  State  of  Illinois,
represented in the General Assembly:

    Section  1.  Short  title.   This Act may be cited as the
Disabilities Services Act of 2003.

    Section 5.  Purpose.  It is the purpose of  this  Act  to
create  an  advisory  committee  to  develop  and implement a
disabilities services  implementation  plan  as  provided  in
Section 20 to ensure compliance by the State of Illinois with
the  Americans  with  Disabilities  Act  and  the decision in
Olmstead v. L.C., 119 S.Ct. 2176 (1999).

    Section 10. Application of Act; definitions.
    (a)  This Act applies to persons with  disabilities.  The
disabilities included are defined for purposes of this Act as
follows:
    "Disability"   means  a  disability  as  defined  by  the
Americans with Disabilities Act of 1990 that is  attributable
to  a  developmental  disability,  a  mental  illness,  or  a
physical disability, or combination of those.
    "Developmental  disability"  means  a  disability that is
attributable to mental retardation or a related condition.  A
related condition must meet all of the following conditions:
         (1)  It  must  be  attributable  to  cerebral palsy,
    epilepsy, or  any  other  condition  (other  than  mental
    illness)   found   to   be   closely  related  to  mental
    retardation because that condition results in  impairment
    of  general intellectual functioning or adaptive behavior
    similar to that of individuals with  mental  retardation,
    and  requires  treatment  or  services  similar  to those
    required for those individuals.   For  purposes  of  this
    Section, autism is considered a related condition.
         (2)  It  must  be  manifested  before the individual
    reaches age 22.
         (3)  It must be likely to continue indefinitely.
         (4)  It  must  result  in   substantial   functional
    limitations  in 3 or more of the following areas of major
    life activity: self-care, language,  learning,  mobility,
    self-direction, and capacity for independent living.
    "Mental  Illness"  means  a  mental or emotional disorder
verified by a  diagnosis  contained  in  the  Diagnostic  and
Statistical   Manual   of  Mental  Disorders-Fourth  Edition,
published by the American Psychiatric  Association  (DSM-IV),
or   its   successor,   or  International  Classification  of
Diseases, 9th Revision, Clinical Modification (ICD-9-CM),  or
its   successor,   that   substantially  impairs  a  person's
cognitive,  emotional,  or  behavioral  functioning,  or  any
combination of those, excluding (i) conditions  that  may  be
the  focus  of  clinical  attention but are not of sufficient
duration or severity to be categorized as a  mental  illness,
such  as parent-child relational problems, partner-relational
problems, sexual abuse  of  a  child,  bereavement,  academic
problems,  phase-of-life  problems, and occupational problems
(collectively, "V codes"), (ii)  organic  disorders  such  as
substance   intoxication   dementia,   substance   withdrawal
dementia,  Alzheimer's  disease,  vascular dementia, dementia
due to HIV infection, and dementia  due  to  Creutzfeld-Jakob
disease  and  disorders  associated  with  known  or  unknown
physical  conditions such as hallucinasis, amnestic disorders
and  delirium,  and  psychoactive  substance-induced  organic
disorders,  and  (iii)  mental  retardation  or  psychoactive
substance use disorders.
    "Mental  retardation"  means  significantly   sub-average
general  intellectual  functioning existing concurrently with
deficits in adaptive behavior and manifested before  the  age
of 22 years.
    "Physical  disability"  means  a disability as defined by
the Americans with Disabilities Act of 1990  that  meets  the
following criteria:
         (1)  It is attributable to a physical impairment.
         (2)  It   results   in   a   substantial  functional
    limitation in any of the following areas  of  major  life
    activity:  (i)  self-care,  (ii) receptive and expressive
    language,   (iii)   learning,    (iv)    mobility,    (v)
    self-direction, (vi) capacity for independent living, and
    (vii) economic sufficiency.
         (3)  It reflects the person's need for a combination
    and  sequence  of  special, interdisciplinary, or general
    care, treatment, or other services that are  of  lifelong
    or  of extended duration and must be individually planned
    and coordinated.
    (b)  In this Act:
    "Chronological age-appropriate services" means  services,
activities, and strategies for persons with disabilities that
are representative of the lifestyle activities of nondisabled
peers of similar age in the community.
    "Comprehensive   evaluation"  means  procedures  used  by
qualified professionals selectively  with  an  individual  to
determine  whether  a  person has a disability and the nature
and extent of the services that the person with a  disability
needs.
    "Department"   means   the   Department   on  Aging,  the
Department  of  Human  Services,  the  Department  of  Public
Health, the Department  of  Public  Aid,  the  University  of
Illinois  Division  of  Specialized  Care  for  Children, the
Department of Children and Family Services, and the  Illinois
State Board of Education, where appropriate, as designated in
the implementation plan developed under Section 20.
    "Family"  means  a natural, adoptive, or foster parent or
parents or other person or persons responsible for  the  care
of an individual with a disability in a family setting.
    "Family  or individual support" means those resources and
services that are necessary to maintain an individual with  a
disability  within  the  family  home or his or her own home.
These services may include, but  are  not  limited  to,  cash
subsidy, respite care, and counseling services.
    "Independent service coordination" means a social service
that  enables  persons  with  developmental  disabilities and
their families to locate, use, and coordinate  resources  and
opportunities in their communities on the basis of individual
need.  Independent  service  coordination  is  independent of
providers of services and funding sources and is designed  to
ensure  accessibility, continuity of care, and accountability
and to maximize the potential of persons  with  developmental
disabilities  for independence, productivity, and integration
into  the   community.   Independent   service   coordination
includes,  at  a  minimum:  (i) outreach to identify eligible
individuals; (ii) assessment  and  periodic  reassessment  to
determine    each    individual's    strengths,    functional
limitations,   and   need   for   specific   services;  (iii)
participation  in  the   development   of   a   comprehensive
individual  service  or  treatment plan; (iv) referral to and
linkage with needed services and supports; (v) monitoring  to
ensure  the delivery of appropriate services and to determine
individual progress in meeting goals and objectives; and (vi)
advocacy to assist the person in obtaining all  services  for
which he or she is eligible or entitled.
    "Individual  service  or treatment plan" means a recorded
assessment of the needs of a  person  with  a  disability,  a
description  of  the  services recommended, the goals of each
type of element of service, an anticipated timetable for  the
accomplishment  of  the  goals,  and  a  designation  of  the
qualified professionals responsible for the implementation of
the plan.
    "Least restrictive environment" means an environment that
represents  the  least  departure from the normal patterns of
living and that effectively meets the  needs  of  the  person
receiving the service.

    Section  15.  Services.  Services  shall  be  provided in
accordance with the  individual  service  or  treatment  plan
developed   for   an   individual  under  this  Section.  The
individual  shall  initially  be   screened   for   potential
eligibility  by  the  appropriate  State  agency  and, if the
individual is  deemed  probably  eligible  for  a  disability
service   or  program,  a  comprehensive  evaluation  of  the
individual shall be conducted to determine the  services  and
programs  appropriate  for  that  individual.  The  array  of
available  services  shall  be  described in the Disabilities
Services Implementation Plan required under this Act and  may
include, but need not be limited to:
         (1)  Comprehensive   evaluation  and  diagnosis.   A
    person with a suspected disability who  is  applying  for
    Department-authorized  disability  services must receive,
    after  an  initial  screening  and  a  determination   of
    probable eligibility for a disability service or program,
    a  comprehensive  diagnosis  and evaluation, including an
    assessment  of  skills,  abilities,  and  potential   for
    residential  and  work  placement,  adapted to his or her
    primary language, cultural background, and ethnic origin.
    All components of  a  comprehensive  evaluation  must  be
    administered by a qualified examiner.
         (2)  Individual service or treatment plan.  A person
    with  a  disability  shall receive services in accordance
    with a current individual service or treatment  plan.   A
    person  with a disability who is receiving services shall
    be provided  periodic  reevaluation  and  review  of  the
    individual  service or treatment plan, at least annually,
    in  order  to  measure  progress,  to  modify  or  change
    objectives if necessary,  and  to  provide  guidance  and
    remediation techniques.
         A  person  with a disability and his or her guardian
    have  the  right  to  participate  in  the  planning  and
    decision-making process regarding the person's individual
    service or treatment plan and to be informed in  writing,
    or in that person's mode of communication, of progress at
    reasonable time intervals.  Each person must be given the
    opportunity   to  make  decisions  and  exercise  options
    regarding  the  plan,  consistent   with   the   person's
    capabilities. Family members and other representatives of
    the person with a disability must be allowed, encouraged,
    and  supported to participate as well, if the person with
    a disability consents to that participation.
         (3)  Nondiscriminatory access to services.  A person
    with a disability may  not  be  denied  program  services
    because of sex, ethnic origin, marital status, ability to
    pay  (except  where contrary to law), or criminal record.
    Specific program eligibility requirements with regard  to
    disability,  level of need, age, and other matters may be
    established by the Department by  rule.   The  Department
    may  set priorities for the provision of services and for
    determining the need  and  eligibility  for  services  in
    accordance with available funding.
         (4)  Family  or individual support.  A person with a
    disability must be provided family or individual  support
    services,  or both, whenever possible and appropriate, to
    prevent unnecessary out-of-home placement and  to  foster
    independent   living  skills  when  authorized  for  such
    services.
         (5)  Residential choices and options.  A person with
    a disability who  requires  residential  placement  in  a
    supervised  or supported setting must be provided choices
    among various residential  options  when  authorized  for
    those  services.   The  placement  must be offered in the
    least  restrictive   environment   appropriate   to   the
    individual.
         (6)  Education.   A person with a disability has the
    right to a free, appropriate public education as provided
    in both State and federal law.   Each  local  educational
    agency  must  prepare persons with disabilities for adult
    living.  In anticipation of adulthood, each person with a
    disability has the right to a transition  plan  developed
    and  ready for implementation before the person's exit by
    no later than the school year in which the person reaches
    age 14, consistent with the requirements of  the  federal
    Individuals  with  Disabilities Education Act and Article
    XIV of the School Code.
         (7)  Vocational   training.    A   person   with   a
    disability must be  provided  vocational  training,  when
    appropriate,    that    contributes   to   the   person's
    independence and  employment  potential.   This  training
    should include strategies and activities in programs that
    lead   to   employment  and  reemployment  in  the  least
    restrictive environment appropriate to the individual.
         (8)  Employment.  A person with a disability has the
    right to be employed free from  discrimination,  pursuant
    to the Constitution and laws of this State.
         (9)  Independent service coordination. A person with
    a  disability  who  is receiving direct services from the
    Department   must   be   provided   independent   service
    coordination when needed.
         (10)  Mental health  supports.  Individuals  with  a
    disability must be provided needed mental health supports
    such  as  psychological  rehabilitation,  psychiatric and
    medication coverage, day treatment, care management,  and
    crisis services.
         (11)  Due   process.  A  person  with  a  disability
    retains the rights of citizenship. Any  person  aggrieved
    by   a   decision  of  a  department  regarding  services
    provided under this Act must be given an  opportunity  to
    present  complaints  at  a  due process hearing before an
    impartial hearing officer designated by the  director  of
    that   department.   Any  person  aggrieved  by  a  final
    administrative  decision  rendered  following   the   due
    process hearing may seek judicial review of that decision
    pursuant  to  the  Administrative  Review  Law.  The term
    "administrative decision" is defined as in Section  3-101
    of the Code of Civil Procedure. Attorney's fees and costs
    may  be  awarded  to  a prevailing complainant in any due
    process hearing or action for judicial review under  this
    Act.
         The  right  to  a hearing under this item (11) is in
    addition to any other rights  under  federal,  State,  or
    local  laws,  however  nothing  in  this Section shall be
    construed as requiring the establishment  of  a  new  due
    process  hearing  procedure  if  one already exists for a
    particular service or program.

    Section 20.  Implementation.
    (a)   The Governor shall appoint an advisory committee to
assist  in  the   development   and   implementation   of   a
Disabilities  Services  Implementation  Plan that will ensure
compliance by the State of Illinois with the  Americans  with
Disabilities  Act  and  the decision in Olmstead v. L.C., 119
S.Ct. 2176 (1999). The advisory committee shall be  known  as
the  Illinois  Disabilities  Services  Advisory Committee and
shall be composed of no  more  than  33  members,  including:
persons  who  have  a  physical  disability,  a developmental
disability, or a mental illness; senior  citizens;  advocates
for  persons  with  physical  disabilities;  advocates    for
persons  with  developmental  disabilities;    advocates  for
persons  with  mental illness; advocates for senior citizens;
representatives of providers  of  services  to  persons  with
physical disabilities, developmental disabilities, and mental
illness;  representatives  of providers of services to senior
citizens; and representatives of organized labor.
    In addition, the following State officials shall serve on
the committee as ex-officio non-voting members: the Secretary
of  Human  Services  or  his  or  her  designee;  the   State
Superintendent  of  Education  or  his  or  her designee; the
Director of Aging or  his  or  her  designee;  the  Executive
Director of the Illinois Housing Development Authority or his
or  her  designee;  the  Director of Public Aid or his or her
designee; and the Director of Employment Security or  his  or
her designee.
    The advisory committee shall select officers, including a
chair and a vice-chair.
    The  advisory committee shall meet at least quarterly and
shall keep official meeting minutes. Committee members  shall
not  be  compensated  but  shall  be  paid for their expenses
related to attendance at meetings.
    (b)  The implementation plan must include, but  need  not
be limited to, the following:
         (1)  Establishing    procedures    for    completing
    comprehensive   evaluations,   including  provisions  for
    Department review and approval  of  need  determinations.
    The  Department  may  utilize  independent evaluators and
    targeted  or  sample  reviews  during  this  review   and
    approval process, as it deems appropriate.
         (2)  Establishing  procedures for the development of
    an individual service or treatment plan for  each  person
    with  a  disability,  including provisions for Department
    review and authorization.
         (3)  Identifying core services  to  be  provided  by
    agencies of the State of Illinois or other agencies.
         (4)  Establishing      minimum     standards     for
    individualized services.
         (5)  Establishing minimum standards for  residential
    services in the least restrictive environment.
         (6)  Establishing  minimum  standards for vocational
    services.
         (7)  Establishing due process hearing procedures.
         (8)  Establishing  minimum  standards   for   family
    support services.
         (9)  Securing   financial   resources  necessary  to
    fulfill  the  purposes  and  requirements  of  this  Act,
    including but  not  limited  to  obtaining  approval  and
    implementing  waivers  or demonstrations authorized under
    federal law.
    (c)  The Governor, with the assistance  of  the  Illinois
Disabilities Services Advisory Committee and the Secretary of
Human  Services,  is  responsible  for  the completion of the
implementation plan. The Governor must submit a report to the
General Assembly by November 1, 2004, which must include  the
following:
         (1)  The implementation plan.
         (2)  A  description  of current and planned programs
    and services necessary to meet the  requirements  of  the
    individual  service  or  treatment plans required by this
    Act, together with the actions to be taken by  the  State
    of   Illinois   to   ensure  that  those  plans  will  be
    implemented. This description shall include a  report  of
    related  program  and  service improvements or expansions
    implemented by the Department since the effective date of
    this Act.
         (3)  The estimated  costs  of  current  and  planned
    programs   and   services   to   be  provided  under  the
    implementation plan.
         (4)  A  report  on  the  number  of   persons   with
    disabilities  who  may  be  eligible  to receive services
    under this Act, together with a report on the  number  of
    persons who are currently receiving those services.
         (5)  Any  proposed  changes in State policies, laws,
    or regulations necessary  to  fulfill  the  purposes  and
    requirements of this Act.
    (d)  The  Governor,  with the assistance of the Secretary
of Human Services, shall annually update  the  implementation
plan  and report changes to the General Assembly by July 1 of
each year. Initial implementation of the plan is required  by
July  1, 2005.  The requirement of annual updates and reports
expires in 2008, unless otherwise  extended  by  the  General
Assembly.

    Section  25.  Appropriations.  Services shall be provided
under this Act to the extent  that  appropriations  are  made
available  by  the  General  Assembly  for  the  programs and
services indicated in the implementation plan.

    Section 30.  Entitlements. This Act does not  create  any
new  entitlement to a service, program, or benefit, but shall
not be construed to affect  any  entitlement  to  a  service,
program, or benefit created by any other law.

    (405 ILCS 80/1-1 rep.)
    (405 ILCS 80/1-2 rep.)
    (405 ILCS 80/1-3 rep.)
    (405 ILCS 80/1-4 rep.)
    (405 ILCS 80/1-5 rep.)
    Section  90.  The  Developmental  Disability  and  Mental
Disability Services Act is amended by repealing Sections 1-1,
1-2,  1-3,  1-4,  and  1-5  (the  Developmental  Disabilities
Services Law).

    Section  99.  Effective date.  This Act takes effect upon
becoming law.

Effective Date: 12/31/03