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1 | | (2) address the needs of individuals receiving Home and |
2 | | Community Based Services (HCBS) with intellectual |
3 | | disabilities or developmental disabilities who are at risk |
4 | | of facility-based care due to significant behavioral |
5 | | challenges, some with a dual diagnosis of mental illness, |
6 | | by providing a community-based residential alternative to |
7 | | facility-based care consistent with their individual |
8 | | plans, and to transition these individuals back to a |
9 | | traditional community-integrated living arrangement or |
10 | | other HCBS community setting program; |
11 | | (3) create greater capacity within the short-term |
12 | | stabilization homes by allowing individuals who need an |
13 | | extended period of treatment to transfer to a long-term |
14 | | stabilization home; |
15 | | (4) stabilize the existing community-integrated living |
16 | | arrangement homes where the presence of individuals with |
17 | | complex behavioral challenges is disruptive to their |
18 | | housemates; and |
19 | | (5) add support services to enhance community service |
20 | | providers who serve individuals with significant |
21 | | behavioral challenges. |
22 | | (b) Subject to appropriation or the availability of other |
23 | | funds for these purposes at the discretion of the Department, |
24 | | the Department shall establish the Diversion from |
25 | | Facility-based Care Pilot Program consisting of at least 6 |
26 | | homes in various locations in this State in accordance with |
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1 | | this Article and the following model: |
2 | | (1) the Diversion from Facility-based Care Model shall |
3 | | serve individuals with intellectual disabilities or |
4 | | developmental disabilities who are currently receiving |
5 | | HCBS services and are at risk of facility-based care due to |
6 | | significant behavioral challenges, some with a dual |
7 | | diagnosis of mental illness, for a period ranging from one |
8 | | to 2 years, or longer if appropriate for the individual; |
9 | | (2) the Program shall be regulated in accordance with |
10 | | the community-integrated living arrangement guidelines; |
11 | | (3) each home shall support no more than 4 residents, |
12 | | each having his or her own bedroom; |
13 | | (4) if, at any point, an individual, his or her |
14 | | guardian, or family caregivers, in conjunction with the |
15 | | provider and clinical staff, believe the individual is |
16 | | capable of participating in a HCBS service, those |
17 | | opportunities shall be offered as they become available; |
18 | | and |
19 | | (5) providers shall have adequate resources, |
20 | | experience, and qualifications to serve the population |
21 | | target by the Program, as determined by the Department; |
22 | | (6) participating Program providers and the Department |
23 | | shall participate in an ongoing collaborative whereby best |
24 | | practices and treatment experiences would be shared and |
25 | | utilized; |
26 | | (7) home locations shall be proposed by the provider in |
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1 | | collaboration with other community stakeholders; |
2 | | (8) The Department, in collaboration with |
3 | | participating providers, by rule shall develop data |
4 | | collection and reporting requirements for participating |
5 | | community service providers. Beginning December 31, 2020 |
6 | | the Department shall submit an annual report |
7 | | electronically to the General Assembly and Governor that |
8 | | outlines the progress and effectiveness of the pilot |
9 | | program. The report to the General Assembly shall be filed |
10 | | with the Clerk of the House of Representatives and the |
11 | | Secretary of the Senate in electronic form only, in the |
12 | | manner that the Clerk and the Secretary shall direct; |
13 | | (9) the staffing model shall allow for a high level of |
14 | | community integration and engagement and family |
15 | | involvement; and |
16 | | (10) appropriate day services, staff training |
17 | | priorities, and home modifications shall be incorporated |
18 | | into the Program model, as allowed by HCBS authorization. |
19 | | (c) This Section is repealed on January 1, 2023.
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20 | | Section 99. Effective date. This Act takes effect July 1, |
21 | | 2019.".
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