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Developmental Disabilities and Mental Illness Committee
Filed: 2/9/2006
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09400HB5382ham001 |
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LRB094 19398 RSP 55591 a |
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| AMENDMENT TO HOUSE BILL 5382
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| AMENDMENT NO. ______. Amend House Bill 5382 as follows: |
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| on page 1, line 6, by replacing "27 and 28" with "22, 27, and |
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| 28"; and |
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| on page 1, line 14, before the period, by inserting " and to |
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| develop a more comprehensive system of community supports and |
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| services that will enable persons with disabilities to |
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| transition to the most appropriate integrated setting possible |
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| in accordance with their needs, preferences and capacity to be |
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| served in that setting. Furthermore, the intent of this Act is |
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| to provide a framework for steps to be undertaken by the State |
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| of Illinois that will ensure successful implementation of the |
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| Olmstead decision. The "Initial Technical Assistance |
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| Recommendations Regarding Developing Comprehensive, |
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| Effectively Working Plans" issued to states on January 15, 2000 |
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| by the United States Department of Health and Human Services |
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| shall be considered as one of the key documents to guide the |
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| planning and implementation required by this Act "; and |
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| on page 14, immediately after line 1, by inserting the |
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| following:
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| "(20 ILCS 2407/22 new)
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| Sec. 22. Readiness assessment. By January 1, 2007, the |
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09400HB5382ham001 |
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LRB094 19398 RSP 55591 a |
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| Department of Human Services, the Department of Healthcare and |
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| Family Services, and the Department on Aging shall |
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| cooperatively arrange for the implementation of assessments of |
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| the readiness of individuals with disabilities to effect |
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| appropriate and medically necessary transitions to the most |
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| integrated setting possible, taking into consideration the |
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| individual's needs, preferences, and capacity to be served in |
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| that setting. The Departments shall also conduct an assessment |
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| of the readiness of the State to effect any transitions that |
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| individuals may prefer and require, taking into consideration |
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| the availability of resources to accomplish the placements. The |
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| assessment of the State's readiness shall include all relevant |
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| information available that will determine the scope and nature |
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| of the supports and services that may be necessary to effect |
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| these transitions. The assessment of the State's capacity shall |
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| include: (i) a determination regarding the requisite skills, |
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| competencies, and qualifications necessary to support persons |
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| with disabilities in their communities; (ii) a determination |
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| regarding the sufficiency of qualified agency and individual |
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| providers to meet the needs of the people with disabilities in |
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| their communities; and (iii) a determination of the capacity of |
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| the community service system to provide the necessary support |
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| and services effectively and efficiently consistent with the |
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| service plans of the individuals with disabilities in their |
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| communities. The assessment of the State's capacity shall also |
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| determine the extent to which the payers of care cover the cost |
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| of the supports and services that are to be provided, and any |
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| adjustments to the rates of payment that may be necessary to |
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| ensure the availability and delivery of those supports and |
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| services. ".
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