Illinois General Assembly - Full Text of HB1451
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Full Text of HB1451  93rd General Assembly

HB1451 93rd General Assembly


093_HB1451

 
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 1        AN ACT in relation to health.

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

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

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

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

 4        Section  15.  Services.   In accordance with this Section
 5    and the individual service  or  treatment  plan  based  on  a
 6    comprehensive  evaluation, persons with disabilities shall be
 7    provided  the  following  services  under  the   Disabilities
 8    Services Implementation Plan developed under Section 20:
 9             (1)  Comprehensive   evaluation  and  diagnosis.   A
10        person with a suspected disability who  is  applying  for
11        Department-authorized  disability services must receive a
12        comprehensive  diagnosis  and  evaluation,  including  an
13        assessment  of  skills,  abilities,  and  potential   for
14        residential  and  work  placement,  adapted to his or her
15        primary language, cultural background, and ethnic origin.
16        All components of  a  comprehensive  evaluation  must  be
17        administered by a qualified examiner.
18             (2)  Individual service or treatment plan.  A person
19        with  a  disability  shall receive services in accordance
20        with a current individual service or treatment  plan.   A
21        person  with a disability who is receiving services shall
22        be provided  periodic  reevaluation  and  review  of  the
23        individual  service or treatment plan, at least annually,
24        in  order  to  measure  progress,  to  modify  or  change
25        objectives if necessary,  and  to  provide  guidance  and
26        remediation techniques.
27             A  person  with a disability and his or her guardian
28        have  the  right  to  participate  in  the  planning  and
29        decision-making process regarding the person's individual
30        service or treatment plan and to be informed in  writing,
31        or in that person's mode of communication, of progress at
32        reasonable time intervals.  Each person must be given the
33        opportunity   to  make  decisions  and  exercise  options
 
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 1        regarding  the  plan,  consistent   with   the   person's
 2        capabilities. Family members and other representatives of
 3        the person with a disability must be allowed, encouraged,
 4        and  supported to participate as well, if the person with
 5        a disability consents to that participation.
 6             (3)  Nondiscriminatory access to services.  A person
 7        with a disability may  not  be  denied  program  services
 8        because of sex, ethnic origin, marital status, ability to
 9        pay  (except  where contrary to law), or criminal record.
10        Specific program eligibility requirements with regard  to
11        disability,  level of need, age, and other matters may be
12        established by the Department by  rule.   The  Department
13        may  set priorities for the provision of services and for
14        determining the need  and  eligibility  for  services  in
15        accordance with available funding.
16             (4)  Family  or individual support.  A person with a
17        disability must be provided family or individual  support
18        services,  or both, whenever possible and appropriate, to
19        prevent unnecessary out-of-home placement and  to  foster
20        independent   living  skills  when  authorized  for  such
21        services.
22             (5)  Residential choices and options.  A person with
23        a disability who  requires  residential  placement  in  a
24        supervised  or supported setting must be provided choices
25        among various residential  options  when  authorized  for
26        those  services.   The  placement  must be offered in the
27        most integrated setting appropriate.
28             (6)  Education.  A person with a disability has  the
29        right to a free, appropriate public education as provided
30        in  both  State  and federal law.  Each local educational
31        agency must prepare persons with disabilities  for  adult
32        living.  In anticipation of adulthood, each person with a
33        disability  has  the right to a transition plan developed
34        and ready for implementation before the person's exit  by
 
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 1        no later than the school year in which the person reaches
 2        age  14,  consistent with the requirements of the federal
 3        Individuals with Disabilities Education Act  and  Article
 4        XIV of the School Code.
 5             (7)  Vocational   training.    A   person   with   a
 6        disability  must  be  provided  vocational training, when
 7        appropriate,   that   contributes   to    the    person's
 8        independence  and  employment  potential.   This training
 9        should include strategies and activities in programs that
10        lead  to  employment  and  reemployment   in   the   most
11        integrated setting appropriate to the individual.
12             (8)  Employment.  A person with a disability has the
13        right  to  be employed free from discrimination, pursuant
14        to the Constitution and laws of this State.
15             (9)  Independent service coordination. A person with
16        a disability who is receiving direct  services  from  the
17        Department   must   be   provided   independent   service
18        coordination when needed.
19             (10)  Due   process.  A  person  with  a  disability
20        retains the rights of citizenship. Any  person  aggrieved
21        by   a   decision  of  a  department  regarding  services
22        provided under this Act must be given an  opportunity  to
23        present  complaints  at  a  due process hearing before an
24        impartial hearing officer designated by the  director  of
25        that   department.   Any  person  aggrieved  by  a  final
26        administrative  decision  rendered  following   the   due
27        process hearing may seek judicial review of that decision
28        pursuant  to  the  Administrative  Review  Law.  The term
29        "administrative decision" is defined as in Section  3-101
30        of  the  Code  of  Civil Procedure. Prevailing attorney's
31        fees and costs may be awarded to the successful plaintiff
32        in any formal administrative  or  judicial  action  under
33        this Act.
34             The  right  to  a hearing under this item (10) is in
 
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 1        addition to any other rights  under  federal,  State,  or
 2        local laws.

 3        Section 20.  Implementation.
 4        (a)  The  Governor,  with the assistance of the Secretary
 5    of Human Services, shall appoint  an  advisory  committee  to
 6    develop a Disabilities Services Implementation Plan that will
 7    ensure compliance by the State of Illinois with the Americans
 8    with  Disabilities  Act and the decision in Olmstead v. L.C.,
 9    119 S.Ct.  2176  (1999).  The  advisory  committee  shall  be
10    composed     of    persons    with    disabilities,    family
11    representatives, and individuals who represent each principal
12    State agency, local government agencies, and  nongovernmental
13    organizations   concerned  with  services  for  persons  with
14    disabilities.
15        (b)  The implementation plan must include, but  need  not
16    be limited to, the following:
17             (1)  Establishing    procedures    for    completing
18        comprehensive   evaluations,   including  provisions  for
19        Department review and approval  of  need  determinations.
20        The  Department  may  utilize  independent evaluators and
21        targeted  or  sample  reviews  during  this  review   and
22        approval process, as it deems appropriate.
23             (2)  Establishing  procedures for the development of
24        an individual service or treatment plan for  each  person
25        with  a  disability,  including provisions for Department
26        review and authorization.
27             (3)  Identifying core services  to  be  provided  by
28        agencies of the State of Illinois or other agencies.
29             (4)  Establishing      minimum     standards     for
30        individualized services.
31             (5)  Establishing minimum standards for  residential
32        services in the least restrictive environment.
33             (6)  Establishing  minimum  standards for vocational
 
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 1        services.
 2             (7)  Establishing due process hearing procedures.
 3             (8)  Establishing  minimum  standards   for   family
 4        support services.
 5             (9)  Securing   financial   resources  necessary  to
 6        fulfill  the  purposes  and  requirements  of  this  Act,
 7        including but  not  limited  to  obtaining  approval  and
 8        implementing  waivers  or demonstrations authorized under
 9        federal law.
10        (c)  The Governor, with the assistance of  the  Secretary
11    of  Human  Services, is responsible for the completion of the
12    implementation plan. The Governor must submit a report to the
13    General Assembly by November 1, 2003, which must include  the
14    following:
15             (1)  The implementation plan.
16             (2)  A  description  of current and planned programs
17        and services necessary to meet the  requirements  of  the
18        individual  service  or  treatment plans required by this
19        Act, together with the actions to be taken by  the  State
20        of   Illinois   to   ensure  that  those  plans  will  be
21        implemented. This description shall include a  report  of
22        related  program  and  service improvements or expansions
23        implemented by the Department since the effective date of
24        this Act.
25             (3)  The estimated  costs  of  current  and  planned
26        programs   and   services   to   be  provided  under  the
27        implementation plan.
28             (4)  A  report  on  the  number  of   persons   with
29        disabilities  who  may  be  eligible  to receive services
30        under this Act, together with a report on the  number  of
31        persons who are currently receiving those services.
32             (5)  Any  proposed  changes in State policies, laws,
33        or regulations necessary  to  fulfill  the  purposes  and
34        requirements of this Act.
 
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 1        (d)  The  Governor,  with the assistance of the Secretary
 2    of Human Services, shall annually update  the  implementation
 3    plan  and report changes to the General Assembly by July 1 of
 4    each year. Initial implementation of the plan is required  by
 5    July  1, 2004.  The requirement of annual updates and reports
 6    expires in 2008, unless otherwise  extended  by  the  General
 7    Assembly.

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

12        (405 ILCS 80/1-1 rep.)
13        (405 ILCS 80/1-2 rep.)
14        (405 ILCS 80/1-3 rep.)
15        (405 ILCS 80/1-4 rep.)
16        (405 ILCS 80/1-5 rep.)
17        Section  90.  The  Developmental  Disability  and  Mental
18    Disability Services Act is amended by repealing Sections 1-1,
19    1-2,  1-3,  1-4,  and  1-5  (the  Developmental  Disabilities
20    Services Law).

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