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Public Act 103-0493


 

Public Act 0493 103RD GENERAL ASSEMBLY

  
  
  

 


 
Public Act 103-0493
 
SB1674 EnrolledLRB103 29556 SPS 55951 b

    AN ACT concerning health.
 
    Be it enacted by the People of the State of Illinois,
represented in the General Assembly:
 
    Section 5. The Developmental Disability and Mental
Disability Services Act is amended by changing the heading of
Article VII-A and Section 7A-1 and by adding Sections 7A-2,
7A-3, and 7A-4 as follows:
 
    (405 ILCS 80/Art. VII-A heading)
ARTICLE VII-A. STABILIZATION SUPPORT PILOT PROGRAMS DIVERSION
FROM FACILITY-BASED CARE PROGRAM
(Source: P.A. 100-924, eff. 7-1-19; 101-81, eff. 7-12-19.)
 
    (405 ILCS 80/7A-1)
    (Section scheduled to be repealed on January 1, 2025)
    Sec. 7A-1. Stabilization Support Pilot Programs Diversion
from Facility-based Care Pilot Program.
    (a) The purposes of this Article are to:
        (1) decrease the number of admissions to State
    developmental centers State-operated facilities;
        (2) address the needs of individuals receiving Home
    and Community Based Services (HCBS) with intellectual
    disabilities or developmental disabilities who are at risk
    of facility-based care due to significant behavioral
    challenges, some with a dual diagnosis of mental illness,
    by providing a community-based residential alternative to
    facility-based care consistent with their personal
    individual plans, and to transition these individuals back
    to home and community-based services programming a
    traditional community-integrated living arrangement or
    other HCBS community setting program;
        (3) (blank); create greater capacity within the
    short-term stabilization homes by allowing individuals who
    need an extended period of treatment to transfer to a
    long-term stabilization home;
        (4) stabilize the existing community-integrated living
    arrangement system homes where the presence of individuals
    with complex behavioral challenges is disruptive to their
    housemates; and
        (5) add support services to enhance community service
    providers who serve individuals with significant
    behavioral challenges; and .
        (6) increase the number of individuals transitioning
    out of State developmental centers into home and
    community-based services programming.
    (b) (Blank). Subject to appropriation or the availability
of other funds for these purposes at the discretion of the
Department, the Department shall establish the Diversion from
Facility-based Care Pilot Program consisting of at least 6
homes in various locations in this State in accordance with
this Article and the following model:
        (1) the Diversion from Facility-based Care Model shall
    serve individuals with intellectual disabilities or
    developmental disabilities who are currently receiving
    HCBS services and are at risk of facility-based care due
    to significant behavioral challenges, some with a dual
    diagnosis of mental illness, for a period ranging from one
    to 2 years, or longer if appropriate for the individual;
        (2) the Program shall be regulated in accordance with
    the community-integrated living arrangement guidelines;
        (3) each home shall support no more than 4 residents,
    each having his or her own bedroom;
        (4) if, at any point, an individual, his or her
    guardian, or family caregivers, in conjunction with the
    provider and clinical staff, believe the individual is
    capable of participating in a HCBS service, those
    opportunities shall be offered as they become available;
    and
        (5) providers shall have adequate resources,
    experience, and qualifications to serve the population
    target by the Program, as determined by the Department;
        (6) participating Program providers and the Department
    shall participate in an ongoing collaborative whereby best
    practices and treatment experiences would be shared and
    utilized;
        (7) home locations shall be proposed by the provider
    in collaboration with other community stakeholders;
        (8) The Department, in collaboration with
    participating providers, by rule shall develop data
    collection and reporting requirements for participating
    community service providers. Beginning December 31, 2020
    the Department shall submit an annual report
    electronically to the General Assembly and Governor that
    outlines the progress and effectiveness of the pilot
    program. The report to the General Assembly shall be filed
    with the Clerk of the House of Representatives and the
    Secretary of the Senate in electronic form only, in the
    manner that the Clerk and the Secretary shall direct;
        (9) the staffing model shall allow for a high level of
    community integration and engagement and family
    involvement; and
        (10) appropriate day services, staff training
    priorities, and home modifications shall be incorporated
    into the Program model, as allowed by HCBS authorization.
    (c) (Blank). This Section is repealed on January 1, 2025.
(Source: P.A. 102-1109, eff. 12-21-22.)
 
    (405 ILCS 80/7A-2 new)
    Sec. 7A-2. Long-Term Stabilization Support Program.
    (a) Subject to appropriation or the availability of other
funds for these purposes at the discretion of the Department,
the Department shall establish the Long-Term Stabilization
Support Program consisting of at least 8 homes across the
State in accordance with this Article and the following
requirements:
        (1) The Long-Term Stabilization Support Program shall
    serve individuals with intellectual disabilities or
    developmental disabilities who are currently receiving
    home and community-based services and are at risk of
    facility-based care due to significant behavioral
    challenges and individuals transitioning out of State
    developmental centers for a period of up to 2 years, or
    longer if appropriate for the individual.
        (2) The program shall be regulated by the Department
    in accordance with the community-integrated living
    arrangement guidelines set forth under the
    Community-Integrated Living Arrangement Licensure and
    Certification Act and any applicable rules or policies.
        (3) Each home shall support no more than 4 residents,
    each having his or her own bedroom.
        (4) If an individual is in need of this program, it
    must be reflected in his or her individual plan.
        (5) The individual, in conjunction with his or her
    guardian, if applicable, may change his or her home and
    community-based services, including his or her
    participation in this program, including requesting
    alternate placement when the wants or needs of the
    individual, as reflected in the individual's personal
    plan, would be better served in another setting along the
    full spectrum of care. If an individual, his or her
    guardian, if applicable, or family caregivers, in
    conjunction with the independent service coordination
    agency, the provider, and clinical staff, believe the
    individual's wants or needs, as reflected in the
    individual's personal plan, would be better served in an
    alternate setting along the full spectrum of care, those
    opportunities shall be discussed as they are identified.
    The request may be made at any point during the period
    specified in paragraph (1) or at the conclusion of that
    period, when assessing whether continued participation in
    the program would be appropriate for the individual.
        (6) The Department shall ensure providers have
    adequate resources, experience, and qualifications to
    serve the population targeted by this program.
        (7) The Department shall lead the providers in an
    ongoing collaboration, whereby best practices and
    treatment experiences shall be shared and utilized.
        (8) The providers shall propose home locations in
    collaboration with other community stakeholders.
    (b) Beginning March 31, 2025, the Department shall publish
quarterly reports on the following:
        (1) the number of individuals participating in the
    program;
        (2) the number of individuals transitioning from the
    program;
        (3) the location where individuals transition to
    during and after participation in the program; and
        (4) the length of time individuals are participating
    in the program.
    The report to the General Assembly shall be filed with the
Clerk of the House of Representatives and the Secretary of the
Senate in electronic form, in the manner that the Clerk and the
Secretary shall direct.
    (c) The Department shall adopt rules to develop and
implement this program.
 
    (405 ILCS 80/7A-3 new)
    Sec. 7A-3. Short-Term Stabilization Support Program.
    (a) Subject to appropriation or the availability of other
funds for these purposes at the discretion of the Department,
the Department shall establish the Short-Term Stabilization
Support Program consisting of at least 10 homes across the
State, in accordance with this Article and the following
requirements:
        (1) The Short-Term Stabilization Support Program shall
    serve individuals with intellectual disabilities or
    developmental disabilities who are currently receiving
    home and community-based services and are at risk of
    facility-based care due to significant behavioral
    challenges for a period ranging up to 90 days with an
    option to extend if appropriate for the individual.
        (2) The program shall be regulated by the Department
    in accordance with the community-integrated living
    arrangement guidelines set forth under the
    Community-Integrated Living Arrangement Licensure and
    Certification Act and any applicable rules or policies or
    shall be regulated by the Department of Children and
    Family Services in accordance with child group home
    guidelines set forth under the Children and Family
    Services Act and any applicable rules or policies.
        (3) Each home shall support no more than 4 residents,
    each having his or her own bedroom.
        (4) If an individual is in need of this program, it
    must be reflected in his or her individual plan.
        (5) The individual, in conjunction with his or her
    guardian, if applicable, may change his or her home and
    community-based services, including his or her
    participation in this program, including requesting
    alternate placement when the wants or needs of the
    individual, as reflected in the individual's personal
    plan, would be better served in another setting along the
    full spectrum of care. If an individual, his or her
    guardian, if applicable, or family caregivers, in
    conjunction with the independent service coordination
    agency, the provider, and clinical staff, believe the
    individual's wants or needs, as reflected in the
    individual's personal plan, would be better served in an
    alternate setting along the full spectrum of care, those
    opportunities shall be discussed as they are identified.
    The request may be made at any point during the period
    specified in paragraph (1) or at the conclusion of that
    period, when assessing whether continued participation in
    the program would be appropriate for the individual.
        (6) The Department shall ensure providers have
    adequate resources, experience, and qualifications to
    serve the population targeted by this program.
        (7) The Department shall lead the providers in an
    ongoing collaboration, whereby best practices and
    treatment experiences shall be shared and utilized.
        (8) The providers shall propose home locations in
    collaboration with other community stakeholders.
    (b) Beginning March 31, 2025, the Department shall publish
quarterly reports on the following:
        (1) the number of individuals participating in the
    program;
        (2) the number of individuals transitioning from the
    program;
        (3) the location where individuals transition to
    during and after participation in the program; and
        (4) the length of time individuals are participating
    in the program.
    The report to the General Assembly shall be filed with the
Clerk of the House of Representatives and the Secretary of the
Senate in electronic form, in the manner that the Clerk and the
Secretary shall direct.
    (c) The Department shall adopt rules to develop and
implement this program.
 
    (405 ILCS 80/7A-4 new)
    Sec. 7A-4. Repealer. This Article is repealed January 1,
2028.

Effective Date: 1/1/2024