Public Act 098-1000
 
HB5697 EnrolledLRB098 20246 KTG 55668 b

    AN ACT concerning public aid.
 
    Be it enacted by the People of the State of Illinois,
represented in the General Assembly:
 
    Section 5. The Department of Human Services Act is amended
by changing Section 10-26 as follows:
 
    (20 ILCS 1305/10-26)
    Sec. 10-26. Disability database.
    (a) The Department of Human Services shall compile and
maintain a cross-disability database of Illinois residents
with a disability who are potentially in need of disability
services funded by the Department. The database shall consist
of individuals with mental illness, physical disabilities,
developmental disabilities, and autism spectrum disorders and
shall include, but not be limited to, individuals transitioning
from special education to adulthood, individuals in
State-operated facilities, individuals in private nursing and
residential facilities, and individuals in community
integrated living arrangements. Within 30 days after the
effective date of this amendatory Act of the 93rd General
Assembly, the Secretary of Human Services shall seek input from
advisory bodies to the Department, including advisory councils
and committees working with the Department in the areas of
mental illness, physical disabilities, and developmental
disabilities. The database shall be operational by July 1,
2004. The information collected and maintained for the
disability database shall include, but is not limited to, the
following: (i) the types of services of which the individual is
potentially in need; (ii) demographic and identifying
information about the individual; (iii) factors indicating
need, including diagnoses, assessment information, age of
primary caregivers, and current living situation; (iv) if
applicable, the date information about the individual is
submitted for inclusion in the database and the types of
services sought by the individual; and (v) the representative
district in which the individual resides. In collecting and
maintaining information under this Section, the Department
shall give consideration to cost-effective appropriate
services for individuals.
    (b) This amendatory Act of the 93rd General Assembly does
not create any new entitlement to a service, program, or
benefit, but shall not affect any entitlement to a service,
program, or benefit created by any other law. Except for a
service, program, or benefit that is an entitlement, a service,
program, or benefit provided as a result of the collection and
maintenance of the disability database shall be subject to
appropriations made by the General Assembly.
    (c) The Department, consistent with applicable federal and
State law, shall make general information from the disability
database available to the public such as: (i) the number of
individuals potentially in need of each type of service,
program, or benefit and (ii) the general characteristics of
those individuals. The Department shall protect the
confidentiality of each individual in the database when
releasing database information by not disclosing any
personally identifying information.
    (d) The Department shall allow legal residents who are
dependents of a military service member and who are absent from
the State due to the member's military service to be added to
the database to indicate the need for services upon return to
the State. Should an individual in such a situation be selected
from the database to receive services, the individual shall
have 6 months from the date of the selection notification to
apply for services and another 6 months to commence using such
services. In the event an individual is receiving services
funded by the Department and the services are disrupted due to
the military service member's need for the individual to leave
the State because of his or her military service, the services
shall be resumed upon the individual's return to the State if
the dependent is otherwise eligible. No payment pursuant to
this Section or Section 12-4.47 of the Illinois Public Aid Code
shall be made for home and community based services provided
outside the State of Illinois. A dependent of a military
service member shall be required to provide the Department
with:
        (1) a copy of the military service member's DD-214 or
    other equivalent discharge paperwork; and
        (2) proof of the military service member's legal
    residence in the State, as prescribed by the Department.
(Source: P.A. 95-251, eff. 8-17-07.)
 
    Section 10. The Illinois Public Aid Code is amended by
adding Section 12-4.47 as follows:
 
    (305 ILCS 5/12-4.47 new)
    Sec. 12-4.47. Continued eligibility for developmental
disability services for dependents of military service
members.
    (a) As used in this Section:
    "Dependent" means a spouse, birth child, adopted child, or
stepchild of a military service member.
    "Legal resident" means a person who maintains Illinois as
his or her principal establishment, home of record, or
permanent home and to where, whenever absent due to military
obligation, he or she intends to return.
    "Military service" means service in the armed forces or
armed forces reserves of the United States, or membership in
the Illinois National Guard.
    "Military service member" means a person who is currently
in military service or who has separated from military service
in the previous 18 months through either retirement or military
separation.
    (b) A dependent, who is a legal resident of the State,
having previously been determined to be eligible for
developmental disability services provided by the Department
of Human Services, including waiver services provided under the
home and community based services programs authorized under
Section 1915(c) of the Social Security Act, shall retain
eligibility for those developmental disability services as
long as he or she remains a legal resident of the State,
regardless of having left the State due to the military service
member's military assignment outside the State, and as long as
he or she is otherwise eligible for such services.
    (c) The Department of Human Services shall permit a
dependent who resides out-of-state to be placed on the waiting
list for developmental disabilities services if the dependent
left the State due to the military service member's military
assignment outside the State, is otherwise eligible for those
services, and furnishes the following:
        (1) a copy of the military service member's DD-214 or
    other equivalent discharge paperwork; and
        (2) proof of the military service member's legal
    residence in the State, as prescribed by the Department.
    (d) For dependents who received developmental disability
services and who left the State due to the military service
member's military assignment outside the State, upon the
dependent's return to the State and when a request for services
is made, the Department shall:
        (1) determine the dependent's eligibility for
    services, which may include a request for waiver services
    provided under the home and community based services
    programs authorized under Section 1915(c) of the Social
    Security Act;
        (2) provide to the dependent notification of the
    determination of eligibility for services, which includes
    notification of a denial of services if applicable;
        (3) provide the dependent an opportunity to contest the
    Department's determination through the appeals processes
    established by the Department; and
        (4) resume services if the individual remains
    eligible.
    (e) As a condition of continued eligibility for services
under subsection (b) of this Section, a dependent must inform
the Department of his or her current address and provide
updates as requested by the Department.
    (f) No payment pursuant to this Section shall be made for
developmental disability services authorized under the
Illinois Title XIX State Plan and provided outside the State
unless those services satisfy the conditions specified in 42
CFR 431.52. No payment pursuant to this Section shall be made
for home and community based services provided outside the
State of Illinois.
    (g) The Department shall request a waiver from the
appropriate federal agency if a waiver is necessary to
implement the provisions of this Section.
    (h) The Department may adopt rules necessary to implement
the provisions of this Section.
 
    Section 99. Effective date. This Act takes effect upon
becoming law.