093_HB0074eng

HB0074 Engrossed                     LRB093 02689 DRJ 02699 b

 1        AN ACT in relation to health.

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

 4        Section 5.  The Community  Services  Act  is  amended  by
 5    adding Sections 4.4 and 4.5 as follows:

 6        (405 ILCS 30/4.4 new)
 7        Sec. 4.4.  Funding reinvestment.
 8        (a)  The purposes of this Section are as follows:
 9             (1)  The General Assembly recognizes that the United
10        States Supreme Court in Olmstead v. L.C. ex Rel. Zimring,
11        119  S.  Ct. 2176 (1999), affirmed that the unjustifiable
12        institutionalization of a person with  a  disability  who
13        could  live  in  the  community  with proper support, and
14        wishes to do so, is unlawful discrimination in  violation
15        of  the  Americans with Disabilities Act (ADA). The State
16        of Illinois, along with all other states, is required  to
17        provide   appropriate   residential  and  community-based
18        support services to persons with disabilities who wish to
19        live in a less restrictive setting.
20             (2)  It is the  purpose  of  this  Section  to  help
21        fulfill   the  State's  obligations  under  the  Olmstead
22        decision by  maximizing  the  level  of  funds  for  both
23        developmental  disability  and mental health services and
24        supports in order to maintain  and  create  an  array  of
25        residential  and  supportive  services  for  people  with
26        mental   health   needs  and  developmental  disabilities
27        whenever they are transferred into another facility or  a
28        community-based setting.
29        (b)  In this Section:
30        "Office  of  Developmental Disabilities" means the Office
31    of Developmental Disabilities within the Department of  Human
 
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 1    Services.
 2        "Office  of  Mental  Health"  means  the Office of Mental
 3    Health within the Department of Human Services.
 4        (c)  On and after the effective date of  this  amendatory
 5    Act  of  the  93rd  General  Assembly, every appropriation of
 6    State  moneys  relating  to  funding  for   the   Office   of
 7    Developmental  Disabilities  or  the  Office of Mental Health
 8    must comply with this Section.
 9        (d)  Whenever any appropriation, or  any  portion  of  an
10    appropriation, for any fiscal year relating to the funding of
11    any   State-operated  facility  operated  by  the  Office  of
12    Developmental Disabilities  or  any  mental  health  facility
13    operated by the Office of Mental Health is reduced because of
14    any  of  the  reasons  set  forth  in the following items (1)
15    through (3), to the extent that  savings  are  realized  from
16    these  items,  those moneys must be directed toward providing
17    other services and supports for  persons  with  developmental
18    disabilities or mental health needs:
19             (1)  The closing of any such State-operated facility
20        for   the   developmentally  disabled  or  mental  health
21        facility.
22             (2)  Reduction in the number of  available  beds  in
23        any  such State-operated facility for the developmentally
24        disabled or mental health facility.
25             (3)  Reduction in the number of  staff  employed  in
26        any  such State-operated facility for the developmentally
27        disabled or mental health facility.
28        (e)  The  purposes  of  redirecting  this  funding  shall
29    include, but not  be  limited  to,  providing  the  following
30    services  and  supports  for  individuals  with developmental
31    disabilities and mental health needs:
32             (1)  Residence  in  the  most   integrated   setting
33        possible,   whether   independent  living  in  a  private
34        residence,  a  Community  Integrated  Living  Arrangement
 
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 1        (CILA), a supported residential program, an  Intermediate
 2        Care Facility for persons with Developmental Disabilities
 3        (ICFDD),  a supervised residential program, or supportive
 4        housing, as appropriate.
 5             (2)  Rehabilitation and support services,  including
 6        assertive    community    treatment,   case   management,
 7        supportive and supervised day treatment, and psychosocial
 8        rehabilitation.
 9             (3)  Vocational  or   developmental   training,   as
10        appropriate,    that    contributes   to   the   person's
11        independence and employment potential.
12             (4)  Employment   or   supported   employment,    as
13        appropriate,  free  from  discrimination  pursuant to the
14        Constitution and laws of this State.
15             (5)  In-home  family  supports,  such   as   respite
16        services and client and family supports.
17             (6)  Periodic reevaluation, as needed.
18        (f)  An  appropriation may not circumvent the purposes of
19    this Section by transferring moneys within the funding system
20    for services and supports for  the  developmentally  disabled
21    and  mentally  ill and then compensating for this transfer by
22    redirecting other moneys away from these services to  provide
23    funding  for  some  other  governmental purpose or to relieve
24    other State funding expenditures.

25        (405 ILCS 30/4.5 new)
26        Sec. 4.5.  Funding Reinvestment Advisory Task Force.
27        (a)  The Governor, in coordination with the Secretary  of
28    Human  Services,  shall  appoint  a  task force to assist the
29    Department of Human Services in implementing Section 4.4. The
30    task force shall consist of the following members:
31             (1)  One Representative recommended by  the  Speaker
32        of the House of Representatives.
33             (2)  One  Representative recommended by the Minority
 
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 1        Leader of the House of Representatives.
 2             (3)  One Senator recommended by the President of the
 3        Senate.
 4             (4)  One Senator recommended by the Minority  Leader
 5        of the Senate.
 6             (5)  One   representative   from   the   Office   of
 7        Developmental Disabilities within the Department of Human
 8        Services.
 9             (6)  One  representative  from  the Office of Mental
10        Health within the Department of Human Services.
11             (7)  One   representative   from   the   Office   of
12        Rehabilitation Services within the  Department  of  Human
13        Services.
14             (8)  One   representative  from  the  Department  of
15        Public Aid.
16             (9)  One community-based  provider  for  individuals
17        with developmental disabilities.
18             (10)  One  community-based recreational provider for
19        individuals with developmental disabilities.
20             (11)  One community-based provider  for  individuals
21        with mental health needs.
22             (12)  One  member representing entities that provide
23        funding for mental health services.
24             (13)  Three  members   representing   the   advocate
25        community for the developmentally disabled.
26             (14)  Three   members   representing   the  advocate
27        community for the mentally ill.
28        (b)  In  addition  to   assisting   the   Department   in
29    implementing  Section  4.4,  the task force shall also assist
30    in, but not be limited to, the following:
31             (1)  Quantifying the amount of money appropriated by
32        the legislature for expenditures relating to care  for  a
33        person  in  a  State-operated  facility  for persons with
34        developmental disabilities or a mental health facility.
 
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 1             (2)  Quantifying the amount of money appropriated by
 2        the legislature for expenditures relating to care  for  a
 3        person in a community-based setting.
 4             (3)  Identifying   ways  in  which  funding  may  be
 5        redirected in total or in part  to  alternative  services
 6        and   supports  an  individual  transferring  out  of  an
 7        institution may be seeking.
 8             (4)  Identifying other state  models  and  practices
 9        that  allow money to follow the individual throughout the
10        system of services  and  supports  for  individuals  with
11        developmental disabilities and mental health needs.
12             (5)  Identifying  ways  in  which the Department can
13        maximize  Medicaid  funding  and  capture  more   federal
14        financial   participation   (FFP)   for  the  purpose  of
15        expanding  developmental  disability  and  mental  health
16        services and supports.
17        (c)  The task force shall be established  no  later  than
18    June  1,  2003  and  shall  submit  a  written  report of its
19    findings to the  General  Assembly  and  the  Office  of  the
20    Governor no later than January 1, 2004.

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