103RD GENERAL ASSEMBLY
State of Illinois
2023 and 2024
SB0219

 

Introduced 1/31/2023, by Sen. Laura M. Murphy

 

SYNOPSIS AS INTRODUCED:
 
20 ILCS 1705/76.2 new
20 ILCS 1705/76.3 new

    Amends the Mental Health and Developmental Disabilities Administrative Act. Provides that by June 30, 2026 the Department of Human Services shall select from the Prioritization of the Urgency of Need of Services (PUNS) database no fewer than 3,600 persons with intellectual or developmental disabilities to receive relevant State services and supports. Provides that the Department shall establish and maintain the Illinois Children and Adult Home and Community-Based Services Pilot Program to expand and increase community-based services and housing options for adults and children with disabilities who are eligible for services under the Department's Home and Community-Based Services Waiver for Persons with Developmental Disabilities. Provides that the Department, in consultation with all relevant State agencies, shall annually report to the General Assembly on the progress made in implementing these provisions. Provides that the Department shall submit its first report no later than May 31, 2027 and every May 31 thereafter. Provides that by June 30, 2027, every individual selected from the PUNS list shall qualify for and receive housing as provided in these provisions, unless he or she chooses in-home services. Provides that the Department of Human Services, in collaboration with the Department of Healthcare and Family Services and any other interested State agencies, shall submit a report to the General Assembly on May 31, 2026, and each May 31 thereafter, that details the Department's progress in implementing the program. Provides that the Department, in collaboration with the Department of Healthcare and Family Services, shall apply for any federal waivers or approvals necessary to implement these provisions. Provides that implementation of this program shall be contingent upon the receipt of all necessary federal approvals.


LRB103 25957 SPS 52309 b

 

 

A BILL FOR

 

SB0219LRB103 25957 SPS 52309 b

1    AN ACT concerning State government.
 
2    Be it enacted by the People of the State of Illinois,
3represented in the General Assembly:
 
4    Section 5. The Mental Health and Developmental
5Disabilities Administrative Act is amended by adding Sections
676.2 and 76.3 as follows:
 
7    (20 ILCS 1705/76.2 new)
8    Sec. 76.2. Increased intellectual and developmental
9services and supports; PUNS database.
10    (a) By June 30, 2026 the Department of Human Services
11shall select from the Prioritization of the Urgency of Need of
12Services (PUNS) database no fewer than 3,600 persons with
13intellectual or developmental disabilities to receive relevant
14State services and supports. No fewer than 600 persons with
15intellectual or developmental disabilities shall be selected
16to receive services under this Section by June 30, 2024. The
17numbers of persons funded shall increase each year as follows:
18        (1) no fewer than 800 persons funded between July 1,
19    2024 and June 30, 2025;
20        (2) no fewer than 1,000 persons funded between July 1,
21    2025 and June 30, 2026;
22        (3) no fewer than 1,200 persons funded between July 1,
23    2026 and June 30, 2027; and

 

 

SB0219- 2 -LRB103 25957 SPS 52309 b

1        (4) no fewer than 1,200 persons funded beginning July
2    1, 2027, and every July 1 thereafter, until the list of
3    persons in the PUNS database awaiting State services is
4    exhausted.
5    (b) The Department shall fund services provided to persons
6selected from the database by pursuing all federal funding
7options for intellectual and developmental services and
8supports, including, but not limited to, applying to the
9federal Centers for Medicare and Medicaid Services for:
10        (1) a demonstration waiver under Section 1115 of the
11    Social Security Act to expand housing options and relevant
12    support services for persons with intellectual or
13    developmental disabilities; and
14        (2) approval of a Title XIX State Plan amendment to
15    implement the Community First Choice Option in accordance
16    with Section 1915(k) of the Social Security Act.
17    (c) All federal funding obtained as a result of federal
18approval of a demonstration waiver under Section 1115 of the
19Social Security Act shall be used to expand and increase the
20availability of support services for persons with intellectual
21or developmental disabilities, including, but not limited to,
22housing options, employment opportunities, direct service
23provider workers, day programming, and all other support
24services necessary for persons with intellectual or
25developmental disabilities. Federal funding used to expand
26housing options shall be directed towards increasing the

 

 

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1availability of permanent supportive housing as described in
259 Ill. Adm. Code 145.20 and other community-integrated living
3arrangements that provide a minimum of one person per unit to
4no more than 8 persons per living arrangement. A person's
5eligibility for housing and support services under this
6Section shall be based on a flexible severity of needs sliding
7scale to be defined by the Department by rule. The Department
8must adopt a definition for the flexible severity of needs
9sliding scale no later than March 1, 2024. The initial
10availability of housing options and support services under
11this Section shall occur no later than June 30, 2024 or 60 days
12after the Department's receipt of federal approval for the
13demonstration waiver, whichever is later. Upon receipt of all
14necessary federal approvals, the availability of housing
15options and support services under this Section shall be fully
16implemented by June 30, 2026.
17    (d)(1) All federal funding obtained as a result of federal
18approval of a Title XIX State Plan amendment to implement the
19Community First Choice Option pursuant to Section 1915(k) of
20the Social Security Act shall be used to fund the Illinois
21Children and Adult Home and Community-Based Services Pilot
22Program established and maintained by the Department as
23provided under paragraph (2).
24    (2) The Department shall establish and maintain the
25Illinois Children and Adult Home and Community-Based Services
26Pilot Program to expand and increase community-based services

 

 

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1and housing options for adults and children with disabilities
2who are eligible for services under the Department's Home and
3Community-Based Services Waiver for Persons with Developmental
4Disabilities. The Pilot Program shall be funded with all
5federal moneys received as a result of federal approval of a
6Title XIX State Plan amendment to implement the Community
7First Choice Option pursuant to Section 1915(k) of the Social
8Security Act. The Department shall establish the program no
9later than June 30, 2024 or 60 days after the Department's
10receipt of federal approval to implement the Community First
11Choice Option, whichever is later. Upon receipt of all
12necessary federal approvals, the Illinois Children and Adult
13Home and Community-Based Services Pilot Program shall be fully
14operational by June 30, 2027.
15    (e) The Department, in consultation with all relevant
16State agencies, shall annually report to the General Assembly
17on the progress made in implementing the provisions of this
18Section. The Department shall submit its first report no later
19than May 31, 2025 and every May 31 thereafter. The Department,
20and all relevant State agencies, shall fully implement the
21supports and services required under this Section by June 30,
222027.
23    (f) Implementation of this Section shall be contingent on
24the receipt of all necessary federal waivers or approvals.
25Upon receipt of all necessary federal waivers or approvals,
26the Department shall implement the provisions of this Section

 

 

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160 days after the date federal approval is received or 60 days
2after the effective date of this amendatory Act of the 103rd
3General Assembly, whichever is later.
 
4    (20 ILCS 1705/76.3 new)
5    Sec. 76.3. Equity in housing and support services.
6    (a) The Department of Human Services shall create a
7program to select people listed on the Department's
8Prioritization of the Urgency of Need of Services (PUNS)
9database to receive housing and community-based support
10services. By June 30, 2027, every individual selected from the
11PUNS list shall qualify for and receive housing as provided in
12subsection (b) of this Section, unless he or she chooses
13in-home services.
14    (b) By June 30, 2027, the Department shall fully reform
15the community-integrated living arrangements model as a
16housing option for persons eligible for services under the
17State's Home and Community-Based Services Waiver for Persons
18with Developmental Disabilities by implementing a flexible
19housing model, as defined by the Department by rule. The
20flexible housing model shall utilize a needs-based sliding
21scale to determine a person's eligibility and placement for
22housing. The Department may adopt any rules necessary to
23implement the provisions of this subsection.
24    (c) The Department of Human Services, in collaboration
25with the Department of Healthcare and Family Services and any

 

 

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1other interested State agencies, shall submit a report to the
2General Assembly on May 31, 2024, and each May 31 thereafter,
3that details the Department's progress in implementing the
4requirements under subsections (a) and (b).
5    (d) The Department, in collaboration with the Department
6of Healthcare and Family Services, shall apply for any federal
7waivers or approvals necessary to implement the provisions of
8this Section. Implementation of this Section shall be
9contingent upon the receipt of all necessary federal
10approvals.