HB1687 97TH GENERAL ASSEMBLY

LRB097 09792 KTG 49939 b

97TH GENERAL ASSEMBLY
State of Illinois
2011 and 2012
HB1687

Introduced , by Rep. Sara Feigenholtz

SYNOPSIS AS INTRODUCED:

20 ILCS 1705/15g new
405 ILCS 30/6 new

Amends the Mental Health and Developmental Disabilities Administrative Act. Provides that the Department of Human Services shall, no later than July 1, 2012, establish a policy to provide independent individualized assessments of individuals with developmental disabilities residing in State-operated facilities who desire, or whose parents or guardians desire, to pursue transfer to an integrated community-based residential setting. Provides that the policy shall include identifying the clinical, habilitative, and social needs of each individual that shall be incorporated into a transition plan. Amends the Community Services Act. Requires the Department of Human Services to conduct a geographic analysis of supports and services for individuals with developmental disabilities or mental illness no later than July 1, 2012. Provides that the analysis shall also identify gaps between required supports and services by region of the State; and that the Department shall prepare a final report by no later than January 1, 2013 that shall be made available to the Governor and the appropriate standing committees in the Senate and the House, and that shall be made available to the public on the Department's website a minimum of one week prior to presentation of the report to the General Assembly. Effective immediately.

FISCAL NOTE ACT MAY APPLY

A BILL FOR

AN ACT concerning health.

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

Section 5. The Mental Health and Developmental Disabilities Administrative Act is amended by adding Section 15g as follows:

(20 ILCS 1705/15g new)

Sec. 15g. State-operated facilities; individualized assessments.

(a) For purposes of this Section:

"Department" means the Department of Human Services.

"Independent individualized assessment" means a dignified and thoughtful determination of an individual's clinical, habilitative, and social needs.

"Integrated-community based residential setting" includes a private residence, community-integrated living arrangements, supported residential programs, supervised residential programs, or supportive housing programs.

"Pre-admission screening agency" means an entity that contracts with the Department to provide coordination services as outlined in Section 10 of the Disabilities Service Act of 2003. A pre-admission screening agency is also known as an independent service coordination agency.

"State-operated facilities" means the facilities listed in Section 4 of this Act.

(b) Long-term care rebalancing. Pursuant to Public Act 96-1501, the State of Illinois has established a long-term care rebalancing initiative. This amendatory Act of the 97th General Assembly seeks to further the goals of that initiative by ensuring that individuals with developmental disabilities residing in State-operated facilities have a choice in determining whether to continue residing in a State-operated facility or transfer to an integrated community-based residential setting.

(c) Independent assessment of individuals residing in State-operated facilities. By no later than July 1, 2012, the Department shall establish a policy to provide independent individualized assessments of individuals with developmental disabilities residing in State-operated facilities who desire, or whose parents or guardians desire, to pursue transfer to an integrated community-based residential setting. The policy shall include identifying the clinical, habilitative, and social needs of each individual that shall be incorporated into a transition plan. The independent individualized assessments shall be provided by pre-admission screening agencies under contract with the Department. Furthermore, the Department shall utilize the pre-admission screening agency providing services in the geographic region of each State-operated facility.

Section 10. The Community Services Act is amended by adding Section 6 as follows:

(405 ILCS 30/6 new)

Sec. 6. Geographic analysis of supports and services in community settings.

(a) For purposes of this Section:

"Direct support professionals" means direct support workers, direct care workers, personal assistants, personal attendants, and paraprofessionals that provide assistance to individuals with developmental disabilities or mental illness in the form of daily living, and provide the habilitation, rehabilitation, and training needs of these individuals.

"Licensed professionals" means, but is not limited to, dentists, dental hygienists, dental assistants, advance practical nurses, licensed practical nurses, registered nurses, psychiatrists, psychologists, and qualified mental health professionals.

"Residential services" means private residences, community-integrated living arrangements, supported residential programs, supervised residential programs, or supportive housing programs.

"Supports and services" means direct support professionals, licensed professionals, and residential services.

(b) Long-term care rebalancing. Pursuant to Public Act 96-1501, the State of Illinois has established a long-term care rebalancing initiative. This amendatory Act of the 97th General Assembly seeks to further the goals of that initiative by ensuring that individuals with developmental disabilities or mental illness who utilize long-term care services under the medical assistance program and other long-term care related benefit programs administered by the State have meaningful access to a reasonable array of community-based and institutional program options. Furthermore, the General Assembly declares that it is the policy of the State to ensure that the clinical, habilitative, and social needs of individuals with developmental disabilities or mental illness who chose to reside in integrated community-based settings can have those needs met in integrated community-based settings. In order to meaningfully comply with this policy, the General Assembly must have an understanding of the existing capacity in integrated-community based settings, including direct support professionals and licensed professionals, such as dentists, nurses, and psychiatrists, as well as residential capacity to provide for these needs.

(c) By no later than July 1, 2012, the Department shall conduct a geographic analysis of supports and services for individuals with developmental disabilities or mental illness. This analysis shall also identify gaps between required supports and services by region of the State. The Department shall prepare a final report by no later than January 1, 2013 that shall be made available to the Governor and shall be presented by the Department to the appropriate standing committees in the Senate, as determined by and on a date determined by the President of the Senate, and the House of Representatives, as determined by and on a date determined by the Speaker of the House. The final report shall be made available to the public and shall be published on the Department's website in an appropriate location a minimum of one week prior to presentation of the report to the General Assembly.

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