Full Text of HB5326 96th General Assembly
HB5326ham001 96TH GENERAL ASSEMBLY
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Rep. Esther Golar
Filed: 3/11/2010
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| AMENDMENT TO HOUSE BILL 5326
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| AMENDMENT NO. ______. Amend House Bill 5326 by replacing | 3 |
| everything after the enacting clause with the following:
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| "Section 1. Short title. This Act may be cited as the | 5 |
| Consumer Alternatives Program Act. | 6 |
| Section 5. Purpose. The purpose of this Act is to prevent | 7 |
| or avoid the unnecessary institutionalization of individuals | 8 |
| with mental disorders or a co-occurring disorder of mental | 9 |
| illness and substance abuse, and to provide cost effective, | 10 |
| community residential settings and supports that enable these | 11 |
| individuals to live successfully in the community. | 12 |
| Section 10. Definitions. As used in this Act: | 13 |
| "Individual with a disability" means any of the following: | 14 |
| (1) An adult individual who has a physical impairment | 15 |
| or mental disorder or co-occurring disorder of mental |
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| illness and substance abuse, that substantially limits one | 2 |
| or more of the individual's major life activities. | 3 |
| (2) An adult individual who has a record of a physical | 4 |
| impairment or mental disorder or co-occurring disorder of | 5 |
| mental illness and substance abuse, that substantially | 6 |
| limits one or more of the individual's major life | 7 |
| activities. | 8 |
| (3) An adult individual who is regarded as having a | 9 |
| physical impairment or mental disorder or co-occurring | 10 |
| disorder of mental illness and substance abuse, whether the | 11 |
| individual has the impairment, or disorder, or not. | 12 |
| "Mental disorder" means a mental or psychological disorder | 13 |
| or co-occurring disorder of mental illness and substance abuse. | 14 |
| "Stakeholder" means an advocacy organization or service | 15 |
| provider whose mission includes advocacy for or provision of | 16 |
| quality services to individuals with mental illness or | 17 |
| disorders, substance abuse, or a co-occurring disorder of | 18 |
| mental illness and substance abuse. | 19 |
| "Department" means the Department of Human Services. | 20 |
| "Program" means the Consumer Alternatives Program. | 21 |
| Section 15. Implementation of the Consumer Alternatives | 22 |
| Program. The Department of Human Services is directed to | 23 |
| implement the Consumer Alternatives Program for individuals | 24 |
| with a mental disorder or co-occurring disorder of mental | 25 |
| illness and substance abuse. The Program shall be designed to |
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| provide a system of services and supports that enable those | 2 |
| individuals to live in the most integrated community-based | 3 |
| setting. The Department shall begin implementation of the | 4 |
| Program during fiscal year 2011 and shall adopt rules for the | 5 |
| selection of the initial Program participants. The Department | 6 |
| of Healthcare and Family Services, the Department of Public | 7 |
| Health, and other State agencies as appropriate shall cooperate | 8 |
| fully with the Department in fulfilling the Program's | 9 |
| requirements. | 10 |
| Section 20. Community services. In order to prevent or | 11 |
| avoid the institutionalization of individuals due to a mental | 12 |
| disorder, or a co-occurring disorder of mental illness and | 13 |
| substance abuse, the Department shall implement, coordinate, | 14 |
| monitor, and evaluate community services for individuals with | 15 |
| disabilities in Illinois in cooperation with all governmental | 16 |
| and private resources, organizations, and stakeholders. | 17 |
| Services shall address the needs of adult individuals in the | 18 |
| following areas: | 19 |
| (1) Mental illness. | 20 |
| (2) Mental illness and substance abuse. | 21 |
| Section 25. Duties; Program components. | 22 |
| (a) Subject to appropriations by the General Assembly, the | 23 |
| Department shall do the following: | 24 |
| (1) In order to prevent or avoid unnecessary |
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| institutionalization, establish a comprehensive plan to | 2 |
| develop and maintain a statewide system of community-based | 3 |
| services that reflect the choices and needs of individuals | 4 |
| with a mental disorder or a co-occurring disorder of mental | 5 |
| illness and substance abuse, and their families. | 6 |
| (2) Carry out all functions and duties required by law | 7 |
| through collaboration with individuals with a mental | 8 |
| disorder or a co-occurring disorder of mental illness and | 9 |
| substance abuse, their families and guardians, community | 10 |
| organizations, and providers throughout the State. | 11 |
| (3) Facilitate or provide technical assistance to | 12 |
| community service providers in planning, developing, and | 13 |
| implementing services and supports for individuals with a | 14 |
| mental disorder or a co-occurring disorder of mental | 15 |
| illness and substance abuse, and their families. | 16 |
| (b) Subject to appropriations by the General Assembly to | 17 |
| the Department, the Secretary of the Department shall establish | 18 |
| initiatives including, but not limited to, the Program to | 19 |
| prevent and correct inappropriate institutionalization to | 20 |
| ensure that individuals needing alternative services are | 21 |
| served in the most integrated setting. | 22 |
| (c) The Program's components shall include the following: | 23 |
| (1) Policies to avoid inappropriate placement of an | 24 |
| individual in an institution, including general acute care | 25 |
| hospitals, hospitals with distinct parts for psychiatric | 26 |
| care, free standing public or private psychiatric |
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| hospitals, residential treatment facilities, and nursing | 2 |
| facilities. | 3 |
| (2) Additional community-based integrated residential | 4 |
| settings with appropriate community supports in accordance | 5 |
| with an individual program plan or an individual treatment | 6 |
| plan, or both. | 7 |
| (3) Training programs on community-based alternatives | 8 |
| for institutional discharge staff that treat individuals | 9 |
| with disabilities. | 10 |
| (4) A process to inform an individual of all available | 11 |
| options for his or her care before that individual makes a | 12 |
| decision on his or her placement. | 13 |
| (5) A specialist who will assist the individual, prior | 14 |
| to placement, in making the move from an institution to a | 15 |
| community setting. | 16 |
| (6) Outreach activities to identify individuals in | 17 |
| institutions who may wish to move. The Department shall | 18 |
| establish the qualifications of persons or organizations, | 19 |
| or both, that perform the outreach for community-based | 20 |
| organizations funded through the Program. The guardian of | 21 |
| the individual, if any, must be afforded the opportunity to | 22 |
| be involved with the outreach process and the resident.
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| Section 30. Provision of services. In accordance with an | 24 |
| individual program plan or an individual treatment plan, or | 25 |
| both, based on a comprehensive evaluation, individuals with a |
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| mental disorder, or a co-occurring disorder of mental illness | 2 |
| and substance abuse, may be provided the services described in | 3 |
| the following Sections. | 4 |
| Section 35. Comprehensive evaluation and diagnosis. An | 5 |
| individual with a mental disorder, or a co-occurring disorder | 6 |
| of mental illness and substance abuse, who is applying for | 7 |
| services is entitled to receive a comprehensive evaluation and | 8 |
| diagnosis including an assessment of skills, abilities, and | 9 |
| potential for residential and work placement, adapted to his or | 10 |
| her primary language, cultural background, and ethnic origin. | 11 |
| Section 40. Individual program or treatment plan. An | 12 |
| individual with a mental disorder, or a co-occurring disorder | 13 |
| of mental illness and substance abuse, is entitled to receive | 14 |
| services in accordance with a current individual program plan | 15 |
| or an individual treatment plan, or both. An individual who is | 16 |
| receiving services shall be provided periodic reevaluation and | 17 |
| review of the individual program plan or individual treatment | 18 |
| plan, or both, in order to measure progress, to modify or | 19 |
| change objectives, if necessary, and to provide guidance and | 20 |
| remediation techniques. An individual and his or her | 21 |
| representatives have the right to participate in the planning | 22 |
| and decision-making process regarding the individual's program | 23 |
| plan and to be informed in writing, or in that individual's | 24 |
| mode of communication, of progress at reasonable time |
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| intervals. Each individual must be given the opportunity to | 2 |
| make decisions and exercise options regarding the plan, | 3 |
| consistent with the individual's capabilities. | 4 |
| Section 45. Nondiscriminatory access to services. An | 5 |
| individual with a mental disorder, or a co-occurring disorder | 6 |
| of mental illness and substance abuse, may not be denied | 7 |
| program services because of age, sex, ethnic origin, marital | 8 |
| status, ability to pay (except when contrary to law), record, | 9 |
| degree of disability, or illness. | 10 |
| Section 50. Family or individual support. An individual | 11 |
| with a mental disorder, or a co-occurring disorder of mental | 12 |
| illness and substance abuse, must be provided family or | 13 |
| individual support services, or both, in accordance with a | 14 |
| current individual program plan or an individual treatment | 15 |
| plan, or both, to prevent unnecessary out-of-home placement and | 16 |
| to foster independent living skills. | 17 |
| Section 55. Residential choices. An individual with a | 18 |
| mental disorder, or a co-occurring disorder of mental illness | 19 |
| and substance abuse, who requires residential placement in a | 20 |
| supervised or supported setting must be provided a choice among | 21 |
| available, clinically appropriate, residential options | 22 |
| including harm reduction and supportive housing. The placement | 23 |
| must be offered in the most integrated community setting |
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| possible. | 2 |
| Section 60. Vocational training. An individual with a | 3 |
| mental disorder, or a co-occurring disorder of mental illness | 4 |
| and substance abuse, must be provided vocational training, when | 5 |
| appropriate, in accordance with a current individual program | 6 |
| plan or an individual treatment plan, or both, that contributes | 7 |
| to the individual's independence and employment potential. | 8 |
| This training must include strategies and activities in | 9 |
| programs that lead to employment and reemployment. | 10 |
| Section 65. Employment. An individual with a mental | 11 |
| disorder, or a co-occurring disorder of mental illness and | 12 |
| substance abuse, has the right to not be discriminated against | 13 |
| in employment, pursuant to the Constitution and laws of this | 14 |
| State. | 15 |
| Section 70. Case coordination services. An individual with | 16 |
| a mental disorder, or a co-occurring disorder of mental illness | 17 |
| and substance abuse, must be provided case coordination | 18 |
| services, as appropriate, in accordance with a current | 19 |
| individual program plan or an individual treatment plan, or | 20 |
| both. | 21 |
| Section 75. Due process; judicial review. | 22 |
| (a) An individual with a mental disorder, or a co-occurring |
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| disorder of mental illness and substance abuse, retains the | 2 |
| rights of citizenship. Any individual aggrieved by a decision | 3 |
| made by a department of State government regarding services | 4 |
| provided under this Act must be given an opportunity to present | 5 |
| complaints at a due process hearing before a hearing officer | 6 |
| designated by the director of that department. | 7 |
| (b) Any individual aggrieved by a final administrative | 8 |
| decision rendered following the due-process hearing may seek | 9 |
| judicial review of that decision pursuant to the Administrative | 10 |
| Review Law of the Code of Civil Procedure. For purposes of this | 11 |
| Section "administrative decision" has the meaning ascribed to | 12 |
| it in Section 3-101 of the Code of Civil Procedure. Reasonable | 13 |
| attorney's fees and costs may be awarded to the successful | 14 |
| plaintiff in any formal administrative or judicial action. | 15 |
| (c) The right to a hearing under this Section is in | 16 |
| addition to any other rights under federal, State, or local | 17 |
| laws.
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| Section 80. Transitional living assistance. The Department | 19 |
| of Human Services shall lead a coordinated effort with the | 20 |
| Department of Commerce and Economic Opportunity to further | 21 |
| develop housing assistance programs to promote the ability of | 22 |
| individuals with a mental disorder, or a co-occurring disorder | 23 |
| of mental illness and substance abuse, to move from | 24 |
| institutions to the most integrated community residence. The | 25 |
| housing assistance program shall address eligibility criteria, |
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| the period a person may receive assistance, the types of | 2 |
| housing expenses to be covered, and the locations of the | 3 |
| programs. The Department of Human Services shall administer the | 4 |
| program and may seek the advice of the Department of Commerce | 5 |
| and Economic Opportunity for this purpose.
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| Section 99. Effective date. This Act takes effect July 1, | 7 |
| 2010.".
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