100TH GENERAL ASSEMBLY
State of Illinois
2017 and 2018
SB2457

 

Introduced 1/30/2018, by Sen. Thomas Cullerton

 

SYNOPSIS AS INTRODUCED:
 
405 ILCS 80/Art. XII heading new
405 ILCS 80/12-1 new
405 ILCS 80/12-5 new
405 ILCS 80/12-10 new

    Amends the Developmental Disability and Mental Disability Services Act. Provides for the transition to community-based services of persons over 18 years of age with developmental disabilities in the State who qualify for Medicaid Waiver services, who reside in intermediate care facilities for persons with developmental disabilities with 9 or more residents, and who affirmatively request to receive community-based services or placement in a community-based setting and persons with developmental disabilities in the State who qualify for Medicaid Waiver services, who reside in a family home, who are in need of community-based services or placement in a community-based setting, and who affirmatively request community-based services or placement in a community-based setting. Establishes a schedule for the transition to community-based services. Provides that the Department of Human Services shall oversee the transition of persons to receive community-based services or placement in a community-based setting. Provides that nothing in these provisions forces persons who do not want community-based services or placement to move, nor does it force providers to close beds or enter into downsizing agreements with the State against their will. Effective immediately.


LRB100 17402 RLC 32568 b

FISCAL NOTE ACT MAY APPLY

 

 

A BILL FOR

 

SB2457LRB100 17402 RLC 32568 b

1    AN ACT concerning health.
 
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 XII as
6follows:
 
7    (405 ILCS 80/Art. XII heading new)
8
ARTICLE XII. COMMUNITY-BASED SERVICES FOR PERSONS WITH
9
DEVELOPMENTAL DISABILITIES

 
10    (405 ILCS 80/12-1 new)
11    Sec. 12-1. Purpose. The purpose of this Article is to
12provide an opportunity for persons with developmental
13disabilities who reside in private, State-funded facilities of
149 or more persons, or persons who are at risk of being placed
15in those facilities, to receive community-based services or
16placement in a community-based setting.
 
17    (405 ILCS 80/12-5 new)
18    Sec. 12-5. Definitions. In this Article:
19    "Adult" means a person over the age of 18 years.
20    "Department" means the Department of Human Services.
 

 

 

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1    (405 ILCS 80/12-10 new)
2    Sec. 12-10. Community-based services for persons with
3developmental disabilities.
4    (a) For purposes of this Article, persons with
5developmental disabilities must meet the following terms in
6order to qualify for services:
7        (1) Adult persons with developmental disabilities in
8    this State who qualify for Medicaid Waiver services, who
9    reside in intermediate care facilities for persons with
10    developmental disabilities with 9 or more residents, and
11    who affirmatively request to receive community-based
12    services or placement in a community-based setting.
13        (2) Adult persons with developmental disabilities in
14    this State who qualify for Medicaid Waiver services, who
15    reside in a family home, who are in need of community-based
16    services or placement in a community-based setting, and who
17    affirmatively request community-based services or
18    placement in a community-based setting.
19    (b) The Department shall oversee the transition of persons
20described in subsection (a) of this Section to receive
21community-based services or placement in a community-based
22setting. The transition shall be in accordance with the
23following schedule:
24        (1) 500 persons described in subsection (a) of this
25    Section shall begin the transition by June 15, 2018.
26        (2) An additional 500 persons described in subsection

 

 

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1    (a) of this Section shall begin the transition by June 15,
2    2019.
3        (3) An additional 500 persons described in subsection
4    (a) of this Section shall begin the transition by June 15,
5    2020.
6        (4) An additional 500 persons described in subsection
7    (a) of this Section shall begin the transition by June 15,
8    2021.
9        (5) An additional 500 persons described in subsection
10    (a) of this Section shall begin the transition by June 15,
11    2022.
12        (6) After June 15, 2022, persons described in
13    subsection (a) of this Section shall receive
14    community-based services or placement in a community-based
15    setting at a reasonable pace.
16    (c) Nothing in this Article forces persons who do not want
17community-based services or placement to move, nor does it
18force providers to close beds or enter into downsizing
19agreements with the State against their will.
 
20    Section 99. Effective date. This Act takes effect upon
21becoming law.