093_HB3695eng

 
HB3695 Engrossed                     LRB093 08539 BDD 11549 b

 1        AN ACT in relation to mental 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 MI
 5    Olmstead Initiative of 2003.

 6        Section 5.  Purposes.
 7        (a)  The General  Assembly  recognizes  that  the  United
 8    States Supreme Court in Olmstead v. L.C. ex Rel. Zimring, 119
 9    S.   Ct.   2176   (1999),  affirmed  that  the  unjustifiable
10    institutionalization of a person with a disability who  could
11    live  in  the community with proper support, and wishes to do
12    so, is unlawful discrimination in violation of the  Americans
13    with  Disabilities  Act  (ADA).  The State of Illinois, along
14    with all other states, is  required  to  provide  appropriate
15    residential  and  community-based support services to persons
16    with disabilities  who  wish  to  live  in  less  restrictive
17    settings and are able to do so.
18        (b)  It  is  the  purpose of this Act to implement the MI
19    Olmstead Initiative in response to the U.S.  Supreme  Court's
20    decision  in  Olmstead  v.  L.C. in order (1) to enable 1,000
21    persons with mental illness or  a  co-occurring  disorder  of
22    mental  illness  and substance abuse, who currently reside in
23    nursing facilities, who choose to move, and who are  able  to
24    do so, to move within the next 5 years to the most integrated
25    residential  settings in the community as possible and (2) to
26    provide cost effective community residential environments and
27    supports to enable these persons to live successfully in  the
28    community.
29        (c)  It  is  the  further purpose of this Act to create a
30    continuum of residential and supportive services in community
31    settings for persons with mental illness  or  a  co-occurring
 
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 1    disorder   of  mental  illness  and  substance  abuse,  while
 2    increasing federal and client financial participation through
 3    the Medicaid and Social Security programs, wherever possible.
 4        (d)  The  MI  Olmstead  Initiative  is  not  intended  to
 5    substitute for or replace the  obligation  of  the  State  of
 6    Illinois   to   develop   and   implement   a  comprehensive,
 7    effectively   working   plan   for   placing   persons   with
 8    disabilities in less restrictive settings, under the  Supreme
 9    Court decision in Olmstead v. L.C.

10        Section 10.  Definitions. For purposes of this Act:
11        "Department" means the Department of Human Services.
12        "Institution  for  mental diseases" (IMD) means a nursing
13    facility licensed by the Illinois Department of Public Health
14    under the Nursing Home Care Act as defined,  consistent  with
15    federal regulations, by the Illinois Department of Public Aid
16    where  services  to  residents  are  ineligible  for  federal
17    financial  participation  under  the Medicaid program because
18    mental illness is  the  specific  reason  for  being  in  the
19    facility for more than 50% of the residents over 21 and under
20    65 years of age.
21        "Qualified  individual" means an adult who is 19 years of
22    age or older  and  under  65  years  of  age  who  agrees  to
23    participate  in the MI Olmstead Initiative, is assessed by an
24    appropriate professional and found to be able to  move  to  a
25    less  restrictive  setting,  and  meets  one of the following
26    criteria:
27             (1)  the person is substantially impaired  in  2  or
28        more  major  life activities as a consequence of a mental
29        illness or a co-occurring mental  illness  and  substance
30        abuse disorder; or
31             (2)  the   person   has  a  record  of  having  been
32        substantially impaired in 2 or more major life activities
33        as a consequence of a mental illness  or  a  co-occurring
 
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 1        mental illness and substance abuse disorder.

 2        Section  15.  Programs  and  services  of the MI Olmstead
 3    Initiative.
 4        (a)  The  Department   shall   identify   200   qualified
 5    individuals   during  each  of  the  5  years  following  the
 6    implementation date of this Act or 1,000  persons  in  total,
 7    who  agree  to and are able to be transitioned to alternative
 8    residential settings  within  the  community.   In  order  to
 9    appropriately  select persons for the MI Olmstead Initiative,
10    the Department, by working in conjunction with  an  owner  or
11    operator  of  a  nursing  facility  or  an  IMD, and with the
12    guardian of the qualified individual, if  any,  shall  assure
13    that:
14             (1)  a comprehensive evaluation and diagnosis of the
15        qualified individual has been administered by a qualified
16        examiner,  including  an assessment of skills, abilities,
17        and potential for residential and work placement, adapted
18        to the person's primary  language,  cultural  background,
19        and ethnic origin;
20             (2)  an   individual   program  plan  or  individual
21        treatment plan, or  both,  has  been  completed  for  the
22        qualified individual, outlining a range of services to be
23        provided as outlined in subsection (b) of this Section;
24             (3)  the   qualified   individual   is   advised  of
25        available and  appropriate  community-based  alternatives
26        for  his  or  her  care before a decision on placement is
27        made; and
28             (4)  a planning specialist or case  manager  assists
29        the  individual in making the move from an institution to
30        a community setting.
31        (b)  The MI Olmstead Initiative shall be designed with  a
32    capacity  for  1,000  qualified  individuals over 5 years and
33    shall offer, or create as necessary,  services  and  supports
 
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 1    for   these  individuals  to  live  in  the  most  integrated
 2    community-based setting possible. The services  and  supports
 3    in community-based settings shall include, but not be limited
 4    to:
 5             (1)  residence   in   the  most  integrated  setting
 6        possible,  whether  independent  living  in   a   private
 7        residence,  a supported residential program, a supervised
 8        residential   program,   or   supportive   housing,    as
 9        appropriate;
10             (2)  rehabilitation  and support services, including
11        assertive   community   treatment,    case    management,
12        supportive and supervised day treatment, and psychosocial
13        rehabilitation;
14             (3)  vocational   training,   as  appropriate,  that
15        contributes to the person's independence  and  employment
16        potential;
17             (4)  employment,    as    appropriate,   free   from
18        discrimination pursuant to the Constitution and  laws  of
19        this State;
20             (5)  periodic   reevaluation   and   review  of  the
21        individual program plan or the individual treatment plan,
22        or both, at least twice each year, in  order  to  measure
23        progress,  to  modify  or change objectives if necessary,
24        and to provide guidance and remediation  techniques.  The
25        qualified  individual  and  his  or her guardian, if any,
26        shall have the right (i) to participate in  the  planning
27        and  decision-making  process regarding the plan and (ii)
28        to be informed in writing, or in that  individual's  mode
29        of   communication,   of   progress  at  reasonable  time
30        intervals;
31             (6)  due process so that any individual aggrieved by
32        a decision of the Department regarding services  provided
33        under  this  Act  is  given  an  opportunity  to  present
34        complaints  at  a  due  process  hearing before a hearing
 
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 1        officer designated by the Director of the Department,  in
 2        addition  to  any  other  rights under federal, State, or
 3        local laws.
 4        (c)  The Department shall implement, coordinate, monitor,
 5    and evaluate the MI Olmstead Initiative in  cooperation  with
 6    the  Department  of  Public  Aid,  the  Department  of Public
 7    Health, the Bureau of the Budget, and other State agencies as
 8    appropriate, as well as organizations  or  service  providers
 9    whose  mission  includes  advocacy  for  or  the provision of
10    quality  services  to  persons  with  mental  illness  or   a
11    co-occurring disorder of mental illness and substance abuse.

12        Section   20.  Report   to   the  General  Assembly.  The
13    Department, in cooperation with the Department of Public  Aid
14    and  the  Department  of  Public  Health, shall report to the
15    General Assembly on the status of the MI Olmstead  Initiative
16    by  October  1  each year of the 5-year initiative, and shall
17    include in the report an analysis of the costs  and  benefits
18    of  the  Initiative,  a  review of the State's use of nursing
19    facilities, including IMD's, for the  care  of  persons  with
20    severe mental illness, and a plan for adjusting State policy,
21    including  the  further  consolidation  or  conversion of IMD
22    facilities to non-IMD nursing facilities for the  purpose  of
23    maximizing federal financial participation under the Medicaid
24    program.

25        Section  25.  Implementation  Dates. The Department shall
26    promulgate rules to govern all aspects of this Act  by  April
27    1,  2004. Subject to available appropriations, the Department
28    shall begin implementation of the MI Olmstead  Initiative  by
29    July 1, 2004.

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