Full Text of HB3483 101st General Assembly
HB3483enr 101ST GENERAL ASSEMBLY |
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| 1 | | AN ACT concerning State government.
| 2 | | Be it enacted by the People of the State of Illinois,
| 3 | | represented in the General Assembly:
| 4 | | Section 5. The Department of Human Services Act is amended | 5 | | by changing Section 10-26 as follows:
| 6 | | (20 ILCS 1305/10-26)
| 7 | | Sec. 10-26. The PUNS database Disability database .
| 8 | | (a) The Department of Human Services shall compile and | 9 | | maintain a database of Illinois residents with an intellectual | 10 | | disability or a developmental disability, including an autism | 11 | | spectrum disorder, and Illinois residents with an intellectual | 12 | | disability or a developmental disability who are also diagnosed | 13 | | with a physical disability or mental illness and are in need of | 14 | | developmental disability services funded by the Department. | 15 | | The database shall be referred to as the Prioritization of | 16 | | Urgency of Need
for Services (PUNS) and shall include, but not | 17 | | be limited to, children and youth, individuals transitioning | 18 | | from special education to post-secondary activities, | 19 | | individuals living at home or in the community, individuals in | 20 | | private nursing and residential facilities, and individuals in | 21 | | intermediate care facilities for persons with developmental | 22 | | disabilities. Individuals who are receiving services under any | 23 | | home and community-based services waiver program authorized |
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| 1 | | under Section 1915(c) of the Social Security Act may remain on | 2 | | the PUNS database until they are offered services through a | 3 | | PUNS selection or demonstrate the need for and are awarded | 4 | | alternative services. | 5 | | (b) The PUNS database shall be used to foster a fair and | 6 | | orderly process for processing applications for developmental | 7 | | disabilities services funded by the Department, verifying | 8 | | information, keeping individuals and families who have applied | 9 | | for services informed of available services and anticipated | 10 | | wait times, determining unmet need, and informing the General | 11 | | Assembly and the Governor of unmet need statewide and within | 12 | | each representative district. | 13 | | (c) Independent service coordination agencies shall be the | 14 | | points of entry for individuals and families applying for | 15 | | developmental disability services funded by the Department. | 16 | | The information collected and maintained for PUNS shall | 17 | | include, but is not limited to, the following: (i) the types of | 18 | | services of which the individual is potentially in need; (ii) | 19 | | demographic and identifying information about the individual; | 20 | | (iii) factors indicating need, including diagnoses, assessment | 21 | | information, ages of primary caregivers, and current living | 22 | | situation; (iv) the date information about the individual is | 23 | | submitted for inclusion in PUNS, and the types of services | 24 | | sought by the individual; and (v) the representative district | 25 | | in which the individual resides. In collecting and maintaining | 26 | | information under this Section, the Department shall give |
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| 1 | | consideration to cost-effective appropriate services for | 2 | | individuals. | 3 | | (d) The Department shall respond to inquiries about | 4 | | anticipated PUNS selection dates and make available a | 5 | | Department e-mail address for such inquiries. Subject to | 6 | | appropriation, the Department shall offer a web-based | 7 | | verification and information-update application. The | 8 | | Department shall make all reasonable efforts to contact | 9 | | individuals on the PUNS database at least 2 times each year and | 10 | | provide information about the PUNS process, information | 11 | | regarding services that may be available to them prior to the | 12 | | time they are selected from PUNS, and advice on preparing for | 13 | | and seeking developmental disability services. At least one of | 14 | | the contacts must be from an independent service coordination | 15 | | agency. The Department may contact individuals on the PUNS | 16 | | database through a newsletter prepared by the Division of | 17 | | Developmental Disabilities. The Department shall provide | 18 | | information about PUNS to the general public on its website. | 19 | | (e) This amendatory Act of the 101st General Assembly does | 20 | | not create any new entitlement to a service, program, or | 21 | | benefit but shall not affect any entitlement to a service, | 22 | | program, or benefit created by any other law. Except for a | 23 | | service, program, or benefit that is an entitlement, a service, | 24 | | program, or benefit provided as a result of the collection and | 25 | | maintenance of PUNS shall be subject to appropriations made by | 26 | | the General Assembly. |
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| 1 | | (f) The Department, consistent with applicable federal and | 2 | | State law, shall make general information about PUNS available | 3 | | to the public such as: (i) the number of individuals | 4 | | potentially in need of each type of service, program, or | 5 | | benefit; and (ii) the general characteristics of those | 6 | | individuals. The Department shall protect the confidentiality | 7 | | of each individual in PUNS when releasing database information | 8 | | by not disclosing any personally identifying information. | 9 | | (g) The Department shall allow an individual who is: | 10 | | (1) a legal resident; | 11 | | (2) a dependent of a military service member; and | 12 | | (3) absent from the State due to the member's military | 13 | | service; | 14 | | to be added to PUNS to indicate the need for services upon | 15 | | return to the State. If the individual is selected from PUNS to | 16 | | receive services, the individual shall have 6 months from the | 17 | | date of the selection notification to apply for services and | 18 | | another 6 months to commence using the services. If an | 19 | | individual is receiving services funded by the Department and | 20 | | the services are disrupted due to the military service member's | 21 | | need for the individual to leave the State because of the | 22 | | member's military service, the services shall be resumed upon | 23 | | the individual's return to the State if the individual is | 24 | | otherwise eligible. No payment made in accordance with this | 25 | | Section or Section 12-4.47 of the Illinois Public Aid Code | 26 | | shall be made for home and community based services provided |
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| 1 | | outside the State of Illinois. The individual is required to | 2 | | provide the following to the Department: | 3 | | (i) a copy of the military service member's DD-214 or | 4 | | other equivalent discharge paperwork; and | 5 | | (ii) proof of the military service member's legal | 6 | | residence in the State, as prescribed by the Department. | 7 | | (a) The Department of Human Services shall compile and | 8 | | maintain a
cross-disability database of Illinois residents | 9 | | with a disability who are
potentially
in need of disability | 10 | | services funded by the Department. The database shall
consist | 11 | | of individuals with mental illness, physical disabilities,
| 12 | | developmental
disabilities, and autism spectrum disorders and | 13 | | shall include, but not be limited to, individuals
transitioning | 14 | | from
special education to adulthood, individuals in | 15 | | State-operated facilities, individuals
in private nursing and | 16 | | residential facilities, and individuals in community
| 17 | | integrated living arrangements. Within 30 days after the | 18 | | effective date of this
amendatory Act of the 93rd General | 19 | | Assembly, the Secretary of Human Services
shall seek input from | 20 | | advisory bodies to the Department, including advisory
councils | 21 | | and committees working with the Department in the areas of | 22 | | mental
illness, physical disabilities, and developmental | 23 | | disabilities. The database
shall be
operational by July 1, | 24 | | 2004. The information collected and maintained for the
| 25 | | disability database shall include, but is not limited to, the | 26 | | following: (i)
the types of
services of which the individual is |
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| 1 | | potentially in need; (ii) demographic and
identifying | 2 | | information about the individual; (iii) factors indicating | 3 | | need,
including
diagnoses, assessment information, age of | 4 | | primary caregivers, and current
living
situation; (iv) if | 5 | | applicable, the date information about the individual is
| 6 | | submitted for inclusion in the database and
the
types of | 7 | | services sought by the individual; and (v) the representative
| 8 | | district
in which the individual resides. In collecting and | 9 | | maintaining information
under
this Section, the Department | 10 | | shall give consideration to cost-effective
appropriate | 11 | | services for individuals.
| 12 | | (b) This amendatory Act of the 93rd General Assembly does | 13 | | not create
any new entitlement to a service, program, or | 14 | | benefit, but shall not affect any
entitlement to a service, | 15 | | program, or benefit created by any other law. Except
for
a | 16 | | service, program, or benefit that is an entitlement, a service, | 17 | | program, or
benefit provided as a result of the collection and | 18 | | maintenance of the
disability
database shall be subject to | 19 | | appropriations made by the General Assembly.
| 20 | | (c) The Department, consistent with applicable federal and | 21 | | State law, shall
make general information from the disability
| 22 | | database available to the public such as: (i) the number of | 23 | | individuals
potentially
in need of each type of service, | 24 | | program, or benefit and (ii) the general
characteristics of | 25 | | those individuals. The Department shall protect the
| 26 | | confidentiality of each individual in the database when |
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| 1 | | releasing database
information by
not disclosing any | 2 | | personally identifying information.
| 3 | | (d) The Department shall allow legal residents who are | 4 | | dependents of a military service member and who are absent from | 5 | | the State due to the member's military service to be added to | 6 | | the database to indicate the need for services upon return to | 7 | | the State. Should an individual in such a situation be selected | 8 | | from the database to receive services, the individual shall | 9 | | have 6 months from the date of the selection notification to | 10 | | apply for services and another 6 months to commence using such | 11 | | services. In the event an individual is receiving services | 12 | | funded by the Department and the services are disrupted due to | 13 | | the military service member's need for the individual to leave | 14 | | the State because of his or her military service, the services | 15 | | shall be resumed upon the individual's return to the State if | 16 | | the dependent is otherwise eligible. No payment pursuant to | 17 | | this Section or Section 12-4.47 of the Illinois Public Aid Code | 18 | | shall be made for home and community based services provided | 19 | | outside the State of Illinois. A dependent of a military | 20 | | service member shall be required to provide the Department | 21 | | with: | 22 | | (1) a copy of the military service member's DD-214 or | 23 | | other equivalent discharge paperwork; and | 24 | | (2) proof of the military service member's legal | 25 | | residence in the State, as prescribed by the Department. | 26 | | (Source: P.A. 98-1000, eff. 8-18-14.)
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| 1 | | Section 99. Effective date. This Act takes effect upon | 2 | | becoming law. |
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