SB1411 103RD GENERAL ASSEMBLY

LRB103 25952 KTG 52304 b

103RD GENERAL ASSEMBLY
State of Illinois
2023 and 2024
SB1411

Introduced 2/6/2023, by Sen. Laura M. Murphy

SYNOPSIS AS INTRODUCED:

20 ILCS 1305/10-26

Amends the Department of Human Services Act. Makes changes to a provision concerning the Prioritization of Urgency of Need for Services (PUNS) database. Adds individuals in State-operated developmental centers and individuals in community-integrated living arrangements to the list of persons the Department of Human Services must register in the PUNS database. Requires the Secretary of Human Services to seek input from advisory bodies to the Department, including advisory councils and committees working with the Department in the areas of intellectual disabilities, developmental disabilities, and autism spectrum disorders, with regard to the establishment, maintenance, and administration of PUNS. Provides that the Department shall also ensure that individuals in PUNS are contacted regarding their PUNS status and available services at least 2 times each year via email or letter, based on the delivery preference of the individual. Provides that the available services and supports may include housing, home-based services, employment and training, respite care, and day programs. Requires the Department to seek any available federal funding to upgrade its technology in order to implement an effective and efficient system of operating and maintaining PUNS and making the web-based verification and information-update application developed by the Department available to individuals listed in PUNS. Requires the Department to collaborate with the State Board of Education to ensure that students with disabilities and their parents are informed of PUNS consistent with a specified provision of the School Code.

A BILL FOR

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.

(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 State-operated developmental centers, individuals in private nursing and residential facilities, and individuals in intermediate care facilities for persons with developmental disabilities, and individuals in community-integrated living arrangements. 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. 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 intellectual disabilities, developmental disabilities, and autism spectrum disorders, with regard to the establishment, maintenance, and administration of PUNS.

(c) Independent service coordination agencies shall be the points of entry for individuals and families applying for developmental disability services and supports 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) if applicable, 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 email e-mail address for such inquiries. Subject to appropriation, the Department shall offer a web-based verification and information-update application. The Department shall also ensure that individuals in PUNS are contacted regarding their PUNS status and available services at least 2 times each year via email or letter, based on the delivery preference of the individual. Such services and supports may include housing, home-based services, employment and training, respite care, and day programs. 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.

(d-1) The Department shall seek any available federal funding to upgrade its technology in order to implement an effective and efficient system of operating and maintaining PUNS and making the web-based verification and information-update application developed in accordance with subsection (d) available to individuals listed in PUNS.

(d-2) The Department shall collaborate with the State Board of Education to ensure that students with disabilities and their parents are informed of PUNS consistent with Section 2-3.163 of the School Code.

(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 PUNS 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.

(Source: P.A. 101-284, eff. 8-9-19.)