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| [ Introduced ] | [ Engrossed ] | [ House Amendment 001 ] |
92_HB4183ham002
LRB9214401WHpcam
1 AMENDMENT TO HOUSE BILL 4183
2 AMENDMENT NO. . Amend House Bill 4183, AS AMENDED,
3 by replacing everything after the enacting clause with the
4 following:
5 "Section 5. The Community Services Act is amended by
6 adding Sections 4.4 and 4.5 as follows:
7 (405 ILCS 30/4.4 new)
8 Sec. 4.4. Funding reinvestment.
9 (a) The purposes of this Section are as follows:
10 (1) The General Assembly recognizes that the United
11 States Supreme Court in Olmstead v. L.C. ex Rel. Zimring,
12 119 S. Ct. 2176 (1999), affirmed that the unjustifiable
13 institutionalization of a person with a disability who
14 could live in the community with proper support, and
15 wishes to do so, is unlawful discrimination in violation
16 of the Americans with Disabilities Act (ADA). The State
17 of Illinois, along with all other states, is required to
18 provide appropriate residential and community-based
19 support services to persons with disabilities who wish to
20 live in a less restrictive setting.
21 (2) It is the purpose of this Section to help
22 fulfill the State's obligations under the Olmstead
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1 decision by maximizing the level of funds for both
2 developmental disability and mental health services and
3 supports in order to maintain and create an array of
4 residential and supportive services for people with
5 mental health needs and developmental disabilities
6 whenever they are transferred into another facility or a
7 community-based setting.
8 (b) In this Section:
9 "Office of Developmental Disabilities" means the Office
10 of Developmental Disabilities within the Department of Human
11 Services.
12 "Office of Mental Health" means the Office of Mental
13 Health within the Department of Human Services.
14 (c) On and after the effective date of this amendatory
15 Act of the 92nd General Assembly, every appropriation of
16 State moneys relating to funding for the Office of
17 Developmental Disabilities or the Office of Mental Health
18 must comply with this Section.
19 (d) Whenever any appropriation, or any portion of an
20 appropriation, for any fiscal year relating to the funding of
21 any State-operated facility operated by the Office of
22 Developmental Disabilities or any mental health facility
23 operated by the Office of Mental Health is reduced because of
24 any of the reasons set forth in the following items (1)
25 through (3), to the extent that savings are realized from
26 these items, those moneys must be directed toward providing
27 other services and supports for persons with developmental
28 disabilities or mental health needs:
29 (1) The closing of any such State-operated facility
30 for the developmentally disabled or mental health
31 facility.
32 (2) Reduction in the number of available beds in
33 any such State-operated facility for the developmentally
34 disabled or mental health facility.
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1 (3) Reduction in the number of staff employed in
2 any such State-operated facility for the developmentally
3 disabled or mental health facility.
4 (e) The purposes of redirecting this funding shall
5 include, but not be limited to, providing the following
6 services and supports for individuals with developmental
7 disabilities and mental health needs:
8 (1) Residence in the most integrated setting
9 possible, whether independent living in a private
10 residence, a Community Integrated Living Arrangement
11 (CILA), a supported residential program, an Intermediate
12 Care Facility for persons with Developmental Disabilities
13 (ICFDD), a supervised residential program, or supportive
14 housing, as appropriate.
15 (2) Rehabilitation and support services, including
16 assertive community treatment, case management,
17 supportive and supervised day treatment, and psychosocial
18 rehabilitation.
19 (3) Vocational or developmental training, as
20 appropriate, that contributes to the person's
21 independence and employment potential.
22 (4) Employment or supported employment, as
23 appropriate, free from discrimination pursuant to the
24 Constitution and laws of this State.
25 (5) In-home family supports, such as respite
26 services and client and family supports.
27 (6) Periodic reevaluation, as needed.
28 (f) An appropriation may not circumvent the purposes of
29 this Section by transferring moneys within the funding system
30 for services and supports for the developmentally disabled
31 and mentally ill and then compensating for this transfer by
32 redirecting other moneys away from these services to provide
33 funding for some other governmental purpose or to relieve
34 other State funding expenditures.
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1 (405 ILCS 30/4.5 new)
2 Sec. 4.5. Funding Reinvestment Advisory Task Force.
3 (a) The Governor, in coordination with the Secretary of
4 Human Services, shall appoint a task force to assist the
5 Department of Human Services in implementing Section 4.4. The
6 task force shall consist of the following members:
7 (1) One Representative recommended by the Speaker
8 of the House of Representatives.
9 (2) One Representative recommended by the Minority
10 Leader of the House of Representatives.
11 (3) One Senator recommended by the President of the
12 Senate.
13 (4) One Senator recommended by the Minority Leader
14 of the Senate.
15 (5) One representative from the Office of
16 Developmental Disabilities within the Department of Human
17 Services.
18 (6) One representative from the Office of Mental
19 Health within the Department of Human Services.
20 (7) One representative from the Office of
21 Rehabilitation Services within the Department of Human
22 Services.
23 (8) One representative from the Department of
24 Public Aid.
25 (9) One community-based provider for individuals
26 with developmental disabilities.
27 (10) One community-based recreational provider for
28 individuals with developmental disabilities.
29 (11) One community-based provider for individuals
30 with mental health needs.
31 (12) One member representing entities that provide
32 funding for mental health services.
33 (13) Three members representing the advocate
34 community for the developmentally disabled.
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1 (14) Three members representing the advocate
2 community for the mentally ill.
3 (b) In addition to assisting the Department in
4 implementing Section 4.4, the task force shall also assist
5 in, but not be limited to, the following:
6 (1) Quantifying the amount of money appropriated by
7 the legislature for expenditures relating to care for a
8 person in a State-operated facility for persons with
9 developmental disabilities or a mental health facility.
10 (2) Quantifying the amount of money appropriated by
11 the legislature for expenditures relating to care for a
12 person in a community-based setting.
13 (3) Identifying ways in which funding may be
14 redirected in total or in part to alternative services
15 and supports an individual transferring out of an
16 institution may be seeking.
17 (4) Identifying other state models and practices
18 that allow money to follow the individual throughout the
19 system of services and supports for individuals with
20 developmental disabilities and mental health needs.
21 (5) Identifying ways in which the Department can
22 maximize Medicaid funding and capture more federal
23 financial participation (FFP) for the purpose of
24 expanding developmental disability and mental health
25 services and supports.
26 (c) The task force shall be established no later than
27 June 1, 2002 and shall submit a written report of its
28 findings to the General Assembly and the Office of the
29 Governor no later than January 1, 2003.
30 Section 99. Effective date. This Act takes effect upon
31 becoming law.".