State of Illinois
92nd General Assembly
Legislation

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92_HB4183eng

 
HB4183 Engrossed                               LRB9214401DJgc

 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
 
HB4183 Engrossed            -2-                LRB9214401DJgc
 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 92nd  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
 
HB4183 Engrossed            -3-                LRB9214401DJgc
 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
 
HB4183 Engrossed            -4-                LRB9214401DJgc
 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.
 
HB4183 Engrossed            -5-                LRB9214401DJgc
 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, 2002  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, 2003.

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

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